Resolution 2019-30982 RESOLUTION NO. 2019-30982
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AN EXTENSION OF
THE CITY'S EXISTING NON-EXCLUSIVE FRANCHISE WASTE
CONTRACTOR AGREEMENTS AND SERVICE AGREEMENT WITH,
RESPECTIVELY: 1)WASTE MANAGEMENT INC. OF FLORIDA; AND 2)
PROGRESSIVE WASTE SOLUTIONS OF FL, INC., ON A MONTH-TO-
MONTH BASIS, COMMENCING ON OCTOBER 1, 2019, FOR A PERIOD
NOT-TO-EXCEED SIX (6) MONTHS; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AMENDMENT TO THE FOREGOING
AGREEMENTS WITH EACH OF THE CITY'S FRANCHISE WASTE
CONTRACTORS, TO MEMORIALIZE THE FOREGOING EXTENSION
AND THE INCREASE OF THE CITY'S FRANCHISE FEE, AS APPROVED
BY THE CITY COMMISSION PURSUANT TO RESOLUTION NO. 2019-
2019-30981 ; AND FURTHER, DIRECTING THE ADMINISTRATION TO
NEGOTIATE A NEW SERVICE AGREEMENT WITH THE
FRANCHISEES, SUBJECT TO FINAL APPROVAL THEREOF BY THE
CITY COMMISSION, AT WHICH TIME THE CITY COMMISSION SHALL
ALSO DETERMINE WHETHER TO RENEW THE EXISTING FRANCHISE
AGREEMENTS FOR THE REMAINDER OF THE RENEWAL TERM
PROVIDED IN SECTION 90-230(B) OF THE CITY CODE.
WHEREAS, in 2013, the City issued a Request for Qualifications (RFQ) for a
franchise for waste haulers; and
WHEREAS, pursuant to Resolution No. 2014-28681, the City entered into a Non-
Exclusive Franchise Waste Contractor Agreement with (1) Waste Management Inc. of
Florida, and (2) Progressive Waste Solutions of FI, Inc., and further, the City entered into
a separate Service Agreement with the foregoing contractors for municipal solid waste
and recycling services; and
WHEREAS, the City's Non-Exclusive Franchise Waste Contractor Agreements,
and the related Service Agreement had an initial term of five (5) years, effective as of
October 1, 2014, and contemplated a renewal term, at the City's option, of up to three (3)
years; and
WHEREAS, as the current providers are performing at an acceptable level, the
Administration has recommended the renewal of the foregoing agreements on a month-
to-month basis, for a period not-to-exceed six (6) months, pending negotiations with the
franchisees of a new service agreement for municipal solid waste and recycling services,
with additional public benefits to the City; and
WHEREAS, on July 31, 2019, the Finance and Citywide Projects Committee
(FCWPC) discussed the renewal, and recommended that the item be forwarded to the
City Commission for its consideration; and
WHEREAS, on July 26, 2019, the FCWPC recommended that the City
Commission increase the franchise fee set forth in Section 90-221 of the City Code, from
the current franchise fee of eighteen percent (18%) to twenty percent (20%) of the
franchisee's monthly gross revenues; and
WHEREAS, if the City Commission approves the extension of the existing
agreements, and also approves the proposed increase to the franchise fee, the foregoing
would be memoralized in an amendment to the City's agreements with Waste
Management Inc. of Florida, and with Progressive Waste Solutions of FI, Inc.; and
WHEREAS, the six month extension will permit the Administration to negotiate the
new Service Agreement with the franchisees, and present the final negotiated agreement
to the City Commission for its consideration and approval, at which time the City
Commission shall also consider whether to renew the existing franchise agreements for
the remainder of the renewal term provided in Section 90-230(b) of the City Code.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve an extension of the City's existing Non-Exclusive Franchise
Waste Contractor Agreement and Service Agreement with, respectively: 1) Waste
Management Inc. of Florida; and 2) Progressive Waste Solutions of FI, Inc., on a month-
to-month basis, for a period not-to-exceed six (6) months; authorize the Mayor and City
Clerk to execute an amendment to the foregoing agreements with each of the City's
franchise waste contractors, to memorialize the foregoing extension and the increase of
the City's franchise fee, as approved by the City Commission pursuant to Resolution No.
2019- 30981 ; and further, direct the Administration to negotiate a new Service
Agreement with the franchisees, subject to final approval thereof by the City Commission,
at which time the City Commission shall also determine whether to renew the existing
franchise agreements for the remainder of the renewal term provided in Section 90-230(b)
of the City Code.
PASSED AND ADOPTED this /1 day of September, 2019.
ATTEST:
Dan Gelber, Mayor
Rafael Granado, City Clerk APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
City Attorney i Date
Resolutions - R7 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 11, 2019
5:05 p.m.
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AN EXTENSION OF THE
CITY'S EXISTING NON-EXCLUSIVE FRANCHISE WASTE CONTRACTOR
AGREEMENTS AND SERVICE AGREEMENT WITH, RESPECTIVELY: 1)
WASTE MANAGEMENT INC. OF FLORIDA; AND 2) PROGRESSIVE
WASTE SOLUTIONS OF FL, INC., ON A MONTH-TO-MONTH BASIS,
COMMENCING ON OCTOBER 1, 2019, FOR A PERIOD NOT-TO-EXCEED
SIX (6) MONTHS; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AMENDMENT TO THE FOREGOING AGREEMENTS WITH
EACH OF THE CITY'S FRANCHISE WASTE CONTRACTORS, TO
MEMORIALIZE THE FOREGOING EXTENSION AND THE INCREASE OF
THE CITY'S FRANCHISE FEE, AS APPROVED BY THE CITY
COMMISSION PURSUANT TO RESOLUTION NO. 2019- ; AND
FURTHER, DIRECTING THE ADMINISTRATION TO NEGOTIATE A NEW
SERVICE AGREEMENT WITH THE FRANCHISEES, SUBJECT TO FINAL
APPROVAL THEREOF BY THE CITY COMMISSION, AT WHICH TIME THE
CITY COMMISSION SHALL ALSO DETERMINE WHETHER TO RENEW
THE EXISTING FRANCHISE AGREEMENTS FOR THE REMAINDER OF
THE RENEWAL TERM PROVIDED IN SECTION 90-230(B) OF THE CITY
CODE.
RECOMMENDATION
The Administration believes that the current providers are performing at an acceptable level.
The current contractors have expressed their desire to renew the existing Non-exclusive
Franchise Agreements and have demonstrated a willingness to enhance the public services
currently provided.
ANALYSIS
The City of Miami Beach has two franchise agreements with Progressive Waste Solutions of
FL., Inc. and Waste Management Inc. of Florida for waste collection, disposal, and
recycling services.
The existing agreement with the franchise haulers are set to expire on September 30,
2019. Prior to the expiration of the Initial Term of the franchise, the City Commission may
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choose, in its sole discretion, to renew the franchise for a renewal term of up to an additional
three (3)years.
The Non-exclusive franchise agreements have been subject to a historical debate as to how
many franchise haulers the City should have. The prior service agreement commenced on
October 1, 2008. In 2011, an RFQ was issued after one of the existing four vendors was
bought by another reducing the number to three.
In May of 2012, Resolution No. 2012-27904 accepted exercising the renewal of the existing
contract with the remaining three haulers after contract terms increased collecting an additional
$390,000 per year plus $25,000 dedicated to environmental programs.
In November of that year, another of the vendors was acquired leaving only two haulers.A new
RFQ was issued in 2013. After negotiations with the top three ranking contractors, an
agreement was entered into in January 2015, which defined the initial term of the contract
commencing retroactively to October 1, 2014 and terminating on September 20, 2019, with an
optional renewal of up to three (3)years.
The purpose of the franchise agreement is to ensure that high quality service is provided for
both waste and recycling. There is a franchise fee consisting of eighteen percent (18%) of the
contractors gross revenues as stipulated in Section 5, Franchise Consideration of the Non-
exclusive Franchise Agreement which has been recommended to be increased to twenty
percent(20%)by the Finance and Citywide Projects Committee at its meeting on July 26, 2019.
Attached is the current executed Non-exclusive Franchise Agreement executed by the
contractors separately, as well as the collectively executed additional services agreement
(Exhibit A, identifies the current public services being provided by the contractors, including
monetary requirements for specific purposes).
CONCLUSION
The Resolution approves renewal of the existing franchise agreements subject to and
conditional upon the Administration's successful negotiation of a new service agreement with the
contractors. In the meantime, the Administration requests that the existing franchises and
service agreement be extended on a month-to-month term, pending negotiations on six (6)
months,whichever comes first.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
D Contract Renewal RESO
• Waste_Management_Inc.
n
Progressive_Waste_Solutions
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D SVC AG REE 2015 2015-02-09 16-13-07
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NON-EXCLUSIVE FRANCHISE WASTE CONTRACTOR AGREEMENT BETWEEN •
CITY OF'MIAMI BEACH,FLORIDA (CITY)
AND
WASTE MANGEMENT INC. OF FLORIDA (FRANCHISEE)
FOR
RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL FOR •
MULTIFAMILY RESIDENCES WITH NINE (9)OR MORE UNITS; COMMERCIAL
SOLID WASTE COLLECTION AND DISPOSAL; AS WELL AS FOR RECYCLING
SERVICES FOR MULTI-FAMILY RESIDENCES WITH TWO (2)OR MORE UNITS;
AND FOR
COMMERCIAL PROPERTIES IN THE CITY OF MIAMI BEACH, FLORIDA.
RECITALS
The City of Miami Beach, Florida,does hereby find, determine and declare as follows:
•
(a) That it is in the public interest to ensure that all areas within the City limits
arc adequately provided with high-quality solid waste collection and
disposal service; and
(b) That it is in the public interest to retain regulatory authority over solid waste
collection and disposal, to the extent allowed by law, because of the
overriding public health, safety and welfare considerations associated with
the provision of this service; and
(c) That it is in the public interest to retain control over the use of public right-
of-way by solid waste collectors to ensure against interference with the
public convenience, to promote aesthetic considerations, and to protect the
public investment in right-of-way property; and
(d) That it is in the public interest to attract high-quality solid waste collectors;
. and
(e) That it is in the public interest to ensure that high-quality solid waste
collection and disposal service is maintained through a responsive
complaint handling procedure;and
(t) That it is also in the public interest for solid waste collectors to offer and
directly provide recycling services to their clients (Recycling Services); and
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•
•
(g) That the granting of a non-exclusive franchise is the best means of assuring
that the above-described interests of the City of Miami Beach arc promoted;
and
(h) That, at the October 16, 2013 City Commission Meeting, the Mayor and
City Commission authorized the City Administration to issue Request for
Qualifications No. 2013-178SR for franchise waste contractors to provide
municipal solid waste (MSW) collections and disposal services, including
additional solid wastelrecycling services at city-owned properties (the
RFQ):and
(i) That at the July 23, 2014 City Commission Meeting, the Mayor and City
Commission adopted Resolution No. 2014-28681, accepting the
recommendation of the City Manager pertaining to the ranking of proposals
pursuant to the RFQ, and authorizing the Administration to enter into
negotiations for new franchise agreements with the top three (3) ranked
proposers, Waste Management Inc. of Florida, Progressive Waste Solutions
of FL. Inc., and Southern Waste Systems, LLC (collectively, the
Franchisees); and
•
(i) That, in addition to authorizing the Administration to negotiate and, if
successful, execute new Franchise Agreements with the Franchisees, as a
condition of the award of such agreements; the Mayor and City
Commission also authorized the Administration td negotiate and, if
successful, execute a new Service Agreement with the Franchisees for
MSW and Recycling Services, including other related public benefits to the
City which, at a minimum, should contain the same (or more favorable)
business terms than the existing services agreement; and
(k) That the new Franchise Agreements and the new Service Agreement shall
each have an initial term of five years. commencing on October 1, 2014,
and ending on September 30, 2019. along with a possible renewal tenn of
up to three(3)years, at the City Commission's sole discretion; and
(I) That Waste Management Inc. of Florida, a Florida corporation (Franchisee)
has indicated to the City that it is ready, willing, and able to provide the
aforestated services within the City of Miami Beach, in accordance with the
provisions contained within the following franchise agreement (hereinafter,
the Franchise Agreement or Agreement), Chapter 90 of the City Codc, and
under the (additional) service agreement (hereinafter, the Service
Agreement) executed simultaneously herewith.
NOW THEREFORE, City and Franchisee, in consideration of the mutual covenants
herein contained, armee as follows:
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SECTION 1. DEFINITIONS
For the purposes of this Agreement, the following words shall have the following
meanings:
"Chapter 90 of the City Code" shall mean Chapter 90 of the Miami Beach City Code(the
City Code), as may be amended from time to time,
"City"shall mean the City of Miami Beach, Florida.
"City Commission"shall mean the elected officials of the City of Miami Beach, Florida.
"City Manager" shall mean the chief operating' officer of the City or his authorized
designee.
"Franchisee" shall mean Waste Management Inc. of Florida, a Florida corporation,'
which is hereby granted this franchise and has hereby agreed to undertake and perform each and
every obligation as set forth in this Agreement.
"Gross Receipts" as referred to herein shall mean the entire amount of the fees collected
by the contractor(whether wholly or partially collected) for solid waste collection and disposal
within the City, but excluding any sates tax, or other tax, governmental imposition, assessment,
charge or expense of any kind, collected by the Franchisee from the account holder and required
by law to be remitted to the taxing or other governmental authority, and further excluding fees
from servicing rolloff and portable containers.
"Service Agreement" shall mean the certain agreement between the City and Franchisee
for the provision of additional solid waste collection and disposal and recycling services at
certain City owned facilities and properties. The Service Agreement is intended to have a tenn
that will run concurrently with the term of'the franchise and this Agreement. Execution of the
Service Agreement by City and Franchisee is a condition of the Franchise Agreement.
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Any other words or terms used herein which are not defined in this Section shall have
their normal dictionary meaning and customary usage unless such terms are defined in Chapter
90 of the City Code, in which case they shall have the meaning set forth therein.
SECTION 2. GRANT OF FRANCHISE
Pursuant to Chapter 90 of the City Code, which authorizes the granting of franchises for
the purposes sct forth herein, Franchisee is hereby granted a franchise, including every right and
privilege appertaining thereto (except as otherwise limited by Chapter 90 of the City Code,
and/or by present or future Federal, State and County ordinances and laws), to operate and
maintain a solid waste collection and disposal service, and also to provide such recycling
services as contemplated in Section 90-231 of the City Code, in, upon, over, and across the
present and future streets, alleys, bridges, easements and other public rights-of-way,
property(ies), aridior facility(ies) within the limits of the City of Miami Beach, Florida, for the
purpose of collecting and disposing of solid waste, and for the purpose of providing recycling
services as contemplated in Section 90-231 of the City Code, generated by the citizens,
residents, inhabitants, business enterprises, and other entities therein. Except for Recyclable
Material otherwise provided for pursuant to Chapter 90 of the City Code, and/or by present or
future Federal, State or County ordinances and laws, Franchisee is hereby granted title to all of
such solid waste generated within said boundaries, insofar as the City can establish its legal right
to make such grant of title.
SECTION 3. GEOGRAPHICAL LIMITS OF THE FRANCHISE
The area covered by this franchise is the area within the city limits of the City of Miami
Beach, Florida, as they arc now located and any areas which may at some future time be
incorporated into the City. Franchisee agrees that the limits of the franchise are subject to
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•
expansion or reduction by annexation and contraction of municipal boundaries and that
Franchisee has no vested right in a specific area.
SECTION 4. TERM
As to Franchisee, the initial term of this franchise shall be deemed to have commenced
on October 1. 20[4, which shall be the effective date of this Agreement (and may also be
referred to as the Commencement Date). The initial term of the franchise shall be five (5)
years, commencing on the Commencement Date, and shall terminate on September 30, 2019,
unless sooner terminated by revocation of the franchise, as provided in Chapter 90 of the City
Code (initial Term). Prior to the expiration of the initial Term of the franchise, the City
Commission may choose, in its sole discretion, to renew the franchise for a renewal term of up
to an additional three (3)years (Renewal Term).
SECTION 5. FRANCHISE CONSIDERATION
For a period of one year after the Commencement Date of this franchise, the Franchisee
shall pay to the City a franchise fee consisting of eighteen percent (I 8%) of said Franchisee's
total monthly Gross Receipts. Thereafter,the City Commission shall have the option of raising
the franchise fee,as provided in Section 90-221 of the City Code.
Gross Receipts from servicing rolloff containers are not included under the franchise
fcc due to the City, and shall he subject to separate fees, as set tOrth in Section 90-278 of the
City Code.
Payment of the franchise fee shall be made monthly in accordance with Section 90-223
of the Ciity Code.
In addition to monthly payment of the franchise fcc, and in accordance with
Franchisee's proposal in response 'to the RFQ, the Franchisee shall (during the term herein)
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•
also pay an annual amount equal to two percent (2%) of its total annual Gross Receipts, to be
applied by the City toward the establishment, implementation, and operation of a public right-
of-way cleaning program, which shall be operated though the City's Sanitation Division. The
means, method, and operation of this program shall be determined and implemented in the
City's sole and reasonable discretion. The franchisee shall, on or before thirty (30) days
following the close of its fiscal year, and in any event no later than February 15th of each year
during the term of the franchise, deliver to the City's Chief Financial Officer a statement of its
annual Gross Receipts, certified by an independent certified public accountant, reflecting Gross
Receipts generated within the City for the preceding fiscal year. Payment of the two percent
(2%) amount shall be made annually to the City's Chief Financial Officer, concurrent with the
delivery of Franchisee's certified statement of annual Gross Receipts (as provided above).
SECTION 6. ASSIGNMENT
The rights herein granted to the Franchisee, and any licenses granted to the Franchisee
by the City, shall not be assigned by the Franchisee except with the express prior approval of
the City Commission. and as provided in Section 90-192(h)of the City Code.
In the event of such assignment, Franchisee shall cause its assignee to execute an
agreement of acceptance, subject to the approval of the City Manager, evidencing that such
assignee accepts the assignment subject to any and all terms, conditions, and limitations
imposed hereby, and which acceptance shall include an affirmative statement evidencing such
assignee's intent to fulfill the obligations imposed upon Franchisee herein. Notwithstanding the
City's approval of the assignment and assignee's acceptance, Franchisee shall guarantee the
performance of its assignee and such assignment shall always be with full recourse to
Franchisee.
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SECTION 7. BANKRUPTCY OR INSOLVENCY
If the Franchisee becomes insolvent, this franchise shall terminate. If the Franchisee
files a petition of voluntary bankruptcy. or in the event of involuntary bankruptcy, this
franchise shall terminate no later than the date of filing of the bankruptcy petition.
SECTION 8. INDEMNIFICATION AND INSURANCE
Franchisee hereby agrees to indemnify, hold harmless, and defend the City, its officers,
employees, agents, and contractors against, and assumes all liability for, any and all claims,
suits, actions, damages, liabilities, expenditures, or causes of action, of any kind, arising from
Franchisee's, and/or its officers', employees', agents', and contractors' activities and/or the use
of the public streets and/or other City property or rights-of-way, for the purposes authorized in
this franchise and in Chapter 90 of the City Code, and resulting or accruing from any
negligence, act, omission, or error of the Franchisee, and/or its officers, agents, employees, and
contractors, and/or arising from the failure of Franchisee to comply with each and every
covenant of this franchise, or with Chapter 90 of the City Codc, or with any other Federal,
State, County and/or City ordinance, law, or regulation applicable to Franchisee's activities.
resulting in or relating to bodily injury, loss of life or limb, or damage to property sustained by
any person, property, firm, corporation (or other business entity). Franchisee hereby agrees to
hold City, its officers. employees, agents and contractors, harmless from and against all
judgments, orders. decrees, attorney's fees, costs, expenses and liabilities incurred in and
resulting from any such claim, investigation, or defense thereof, which may be entered.
incurred, or assessed as a result of the foregoing. Franchisee shall defend, at its sole cost and
expense, any legal action, claim or proceeding instituted by any person against the City, its
officers, employees, agents or contractors, as a result of any claim, suit. or cause of action
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Page 1568 of 2228
aecruin; from a\:ti\itie: authori/cd by this franchise. for injuries to buds. limb. or propert\ as
set forth above.
Franchisee c aerecs to maintain in filll force and effect throughout the entire Fenn oldie
franchise. the insurance, coverages set forth in Section _9U-IQ() a the (-it\ Code. Franchisee
further agrees that the City .Manager may increase the kinds and amounts of insurance ce co\ert 2e
required if; in his sole ne;rsunahle judunicnt and discretion, he deem' such incrcase neeessar\ to
protect the City.
Operation of acti\itics b\ the Franchisee \\ithout the required insurance shall be
',rounds for revocation of the franchise.
SECTION 9. ('O\11'1.1. ('E 111 H! ORDINANCES. RULES. LANN'S
Franchisee shall he solely responsible for keeping, and maintaining itself full\ informed
with all Federal, State, County. and ('its• ordinances (including, \\ithout limitation. Chapter Off
of the City ('ode)_ laws, rules, regulations. and all orders and decrees of hodies or tribunals
ha\Mg jurisdiction or authority, which in any manner ,feet its aeti\ities and this franchise, or
which in any way affect the conduct of its work teolleeti\ely. the a(irrestated are referred to as
the Applicable Law s). Franchisee shall at all time, observe and,compl\ \\ith all Applicable
I aws. .\dditionall\. Franchisee shall be solel responsible Cr obtaining and maintaining
current and in ,,rood standing an\ licenses and permits required under Applicable laws to
eonduet its husinesstes) and acti\itis, under the franchise.
SECTION 1t). RE\'O('A• ION OF I'RAN( 11iS1':
Failure on the part of Franchisee to comply in an> material \\a. \\ith the provisions of
this Franchise Agreement. Chapter (A) of the City ('ode. or other Applicable Laws. shall he
grounds for revocation or termination of the franchise, which termination shall he to
Page 1569 of 2228
•
accordance Sectit+n t/U-_'3-4 of"the Cit) Code. and shall he effi:cti\e upon written notice to
1:11.111C tiCe.
SECTION 11. RLI'OK 1'I\(;; ACCOUNTING: AUDIT
Franchisee shall keep an accurate set of books and records ill it cordunee with general.
accounting principles. reflecting the (.;rosy Receipts derived under and pursuant to the franchise
rights granted herein. The City shall hake the right to audit Ftanchrsec's books and records. as
pro\)(led ttl SL'Ctiott LA)-224 of the City Code.
SECTION 12. COLLECTION IQ1 II'NII•:N F
Franchisee shall have on hand. at all time during.: the 'l tint of the franchise, sufficient
personnel and equipment to permit Franchisee to dill\. adecluatel‘ and efficiently perform its
duties hereunder Collection equipment shall he kept clean.sannar\, neat in appearance. and in
rood repair and \korking order at all times. Franchisee shall at all times have a'ailable to it
reser\e equipment. w hich can he put into scr\ice and operation \\ithin two (2) hours of ani
hreakdot.\n. Such rteser\e equipment shall suhstanuall correspond in ,rvc and eapahrlit\ to the
equipment normall u-zed by Franchisee to perform its duties hereunder.
SECTION 13. DISPOS:\1.
• :Vl olid \\aste shall he hauled to sites or tacilines empowered to accept it for
treatment or disposal. The CO reser\es the right to appro\e ctt disapproke sites. taking into
account all governmental regulations, routes «ithin the franchise area. and the rules and
regulations of the go\erncmentnl hod‘ flak in`' jurisdiction o\cr said sites or facilities.
It
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SE(."1'ION 14. ('OLLECTION SEleVIC •:S AN1) OPER:A•l'IONs
l-ranellisee's procedures for collection un solid \\rite ,hall he in keeping \\ith all
pro\isitlils of ('Napier Yti on the City('ode and other Applicahle Laws,
SECTION 15. S•I1)R:11S . N1) O.1111'"R EMERGENCIES
In ca'e or an unusuall\ se\ere storm. :utd or other extreme art; ul' \\e,riller (i.e.
including. \VithtrLll 1t111itatlttrl. tropical ittir-rlls. Ir'trpiL'it [repression:. hllr•ril,:trie. hotels.
t,tril. d' e'. etc ). or di:ruptioll caused h\ other emergencies not caused h\ I I:Inehisee. the ( lt\
\laila'!er 111.1\ grant Franchisee reasonable Variance Ir-1,111 it, ie;![11.11' \elietlllIC . :\,i lt)rlrl :ts
practicable niter such storm. ret of\\cattier, or other etnergetu•\. Franchisee shall inform the
('it\ of the estimated time required before regular schedules and routes can he re.uuicd and.
upon request on the C'its Manager and in such norm as determined h\ the ('itManager.
Franchisee shall pro\ide notice ot-same to its commerLial and rc•itle116a1 (multi-l:uilil\) client:
in the tranelii e area. I11 e\crit of a storm. act of \\eathei. or other e'illeflerie\ requiring illa''i
clean-up operation,. I•ranchlkee shall. upon direction of the ('lt\' \lan;tl_'er. participate in said
cleaui-up. to the extent directed h\ the ('it\ \1art:lger. Franchisee shall he Compen'ated h\ the
Cir.,. in the aruount sal actual cost'. t\\eke percent ( 11O0t UI ,;nil cost,. and ,hall he
e\CU,etl (ruin conduetlrl_t regular ser\tee',. ;1, atal to the c.xterlt appro\ed by the ( it\' \l;iriauer.
Any expense incurred or re\enue tecet\ed under this Section 15 .hall not he included or
considered in hin.e rate caleulatn>n,.
Sl':(.-1'1()\ 16. \(.)1-\1':111'1•:12
I lie failure the ('its at an\ time to require pertirrulanee h\ the Franchisee on ;nl\
provision hereon. eir(.1t.Chapter 0u0 Ott the ('it\• rode. or ot'an\ other Applicable l-;n\s, ;hall shit
In
h �� r •- ..
.. :;t^ sY,ea,.Yt j'3.w='�'�`!:: 1 ice"-rte' ?. -k- s� .mss;:�-"ri e;'�•� a.�r y -:,r w- _ 'M'c.�.�,i
iii any respect limit. prejudice. diminish. or constitute a \Val\Cr of all\ rights of the ('it\'
thel•eatier to enforce saine. nut' :hall waiver 1,1 the ( it\ nl',ln) hrcaih of tin) Ipro\'slim of the
I'Ianehise Agreement. tit 01 (•hahter 90. or()laity other Applicable 1 ,11\'s. be taken or held tO be
a %Lai\er of the ('itv's right• to enforce or lake action ;<<.ain't an such succeeding breach (of'
such pro\i•ion). or as \\al\erof'an\ pro\ision itself.
SECTION ION 17. C()\'1 I\t•h:!) OPERATIONS DURING I)tSF't 11':S
. in the e\ent th,ll ;l dispute arise; between the City and franchisee (ol an\ other
interested part\) in ail\ \;t\ relating to this fr:llleliise (ineiu ing peri6nnance or compensation
hereunder). the I:ranchi•ce shall continue to perforin hereunder and to tender ser\ice in full
compliance \\ith all terns, and conditions of the I rancfu.e Agreement. rc`J;trllles, of the_tiaturc
of the dispute.
Frallefil.ee e\Ipre•SI\ rceogni/e, the paramount right and dut\ of the Cit‘ to pros Ide
adequate \\a,tt.' Collection and disposal set-\iees as a neees,ar\ gI\erntnental (unction. arid
further agrees. as consideration for the Cit "s. afplpto\al and execution of this I ruiiehtse
Agreement that. in the event of a disute. said I ranelli.ce shall not Cease performance or stop
per,.Ice during the 1ientlenc\ of,ln\ 'tieh dispute.
S1:(.'I ION 18. HANDLING OF COMPLAIN FS
Franchisee shall he hound h\ Chapter Op of.the ( lt\ Code \\nh regard to handllll<u of
complaint, from its patron,.
SECTION 19. NON1)1SCR111ENA'FEON
Ir;ulchi•ee and the ('it\ at2ree that Contractor,' compliance ‘k 101 the ( It\'s Iftulian
Rights I.)rdinanee. codified in ('hafpier 62 of the (.'it) ('ode. as mit\ he amended from tune to
II
• ,,.,.s
tittle, ~hall he a material term of this Atireetileiit. Franchisee agrees that it has adopted and will
maintain and enforce a polio) of nondiscrimination on the basis of iaec. color. national origin.
relieion. seg. inter.cxuaht\. gender identity. sexual orientation, inarital and tan1ilial status. age_
or disthilit\. Said nondiscrimination policy Tall apply to emplo\mett practices of the
I'ranellisee and the provision of•services. The Franchisee agrees that. upon \\ripen request li'ont
the (•it\ \1ii:L er. it will permit access ,to its records o1 etilhlu\rnent. eniplo�merit
ad\ertisements. applicators forms. and other pertinent data and record.. to the ( It\ for the
Purposes of ill\estieation to a scertairl.cnrnplianee \\1t11 the nondiscriiitiuiliolt provisions of this
Section: provided. ho\\•e\'er. that Franchisee shall not he required to produce ti+r inspection an\
records co\\Ting ;In\ period of time more than two (2) years prior to the of eeti\c date of this
ti-anchise. •\ fiilLIli by the ('ilk Manager that Franchisee huts engaged in an unlawlith
discriminator\ practice. aceording to the reeulatrons and procedures set lOrth in Chapter (11 of
the( ('ode. shall constitute a•preach of this Agreement.
SECTION 20. RI:CYC•1.iNG SERVICES REQUIREMENTS
20,1 In tiecorda.nee \\jilt the pro\isions of Sections 902231. 90-340, and y0-3-41 of the ('it\•
!.'ode. duriil u the Fern+ of this francluse. I ranchisee shall eomplwith the follow in:.
tee\clin_ requirements:
(a) -\s a condition ot-the franchise. each Franchisee ;hall be required to
ot•trr directly. or through a ,uheontractor. \\ho shall he licensed ii
the ('it\ an(l state_ rerehtlg for airs and all accounts ser iced b\ the
hranehisee(including. \\ithout limitation. cin\ and all residential and
commercial accounts)
(h) All of Iran hisec's contracts (within the jurisdictional limits or the
Cit\ of \liami Beach) for waste collection and disposal ser\ices
(accounts) for tnultilamil\ residences and commercial accounts shall
also include a proposal to pro\ide rceyclulg Ser\ices Such recycling
proposal shall. to the maximum extent that is commerciall\ feasible,
maximise recycling :kik cry in die Cit . and pro\ide for sufficient
12
ter•._. - - - ,lr�' _ ,_ ..3 .hi-'. >. ; ,.
flexibility in recyclable materials, eontainLl sl/e. and location_ as is
hath neees:ar\ and consistent liar the particular account.
(e) Whether directly provided. or suheonrraeted \\itli a qualified
recycling contractor. each recycling proposal shall require
Franchisee to disclose to the contract holder the s,t\dogs Offset that is
anticipated as a result of the recyclin, and the consequent reduction
of solid \\a:te disposed: pro\ided. ho\\e\er. that the recycling
proposal (and the required say irlgs offset) shall remain \\ithin the
purview of the Franchisee and the nlultilanlil\ or commercial
account holder to negotiate.
(cif Pursuant to Section Q0-23 1(b) of the ('it\ Code. with respect to
rnultillunil\ residences only. each of Franchisee's contracts must
disclose to an account holder that in the event that the recycling hid
and or price quote (hereinafter. the offer) pro\ieled h\ the contractor
to an account holder who is an owner. occupant. or operator or
manager of an apartment building or tire Itlultilarllil) Iesucknee. is
deemed unfair h\ said owner. occupant. or operator or lriana cr.
then the aggrie\ed pally may tile a protest \\itlt ate ( lt\ \lanaier, in
riting. within .gin daVS of receipt of the offer h\ the aggrie\ed part\:
the protest must include a copy of the offer: and roust clearly stare
the reasons and grounds upon which that the aggrie\ed part\
considers the offer to he unfair.
(e) I ranchi'iee must appropriatcl} designate the recycling collection
containers that it pro\ides to customers. The containers must contain
the appropriate signage and inti,rnalion. as shall he established and
approved h\ the City. .\dditionall . franchisee shall assist and
pl'o\ide written lh.itree to the i)irector of Public Works in rdelitlt\in1g
nlultifarnil\ accounts and commercial account: \\hieh do not ha%c a
rec\clin! program in. in the alternative. \\hick ha\c allow ed a
recycling program to lapse or expire.
20.2 PURSUANT ANT TO SECTION 90-340 OF THE CITY ( ODE, AND EFFECTIVE
NO1'F.i1BF.It 1, 2(114, FRAN('IIISEE SIHA1.1. OFEEalt I-IIOS1: Rl':(.11•1.1\(:
SERVICES EOR .\\1 NIL I.1'I-FA 11E.1" RESIDENCE WITH •f\\-O (2) OR
MORE DWE:l_LINC UNITS, :\S A SI\cLE-STREAM RECYCLING PitO('ESS
OR AS A \1OI)11 1E:1) RECYCLING PRO(:R:\\I, AS MORE l'ARTiCUL_ R1.1
S1',-1- FOR HI IN SECTION 90-344.
11
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•
•':r•• - _ :_gra • ? r - '':. .... ~ - ...
(at Pursuant to Section 90-340(b). the r«\cltne 'ei _es lin muitttitlttily
residences shill consist of a single-stream ree\cling process. 1 he single-
stream recycling process shall separate. from all other solid waste. the
live (S) follow tire recyclable materials:
I. t)1)-340(h)(I) A't'n.spalrtr. t.sed or cliSCardcc[ ne\\print. including
;111} doss\ inserts:
-, 90-340(11)(2) (;puss. Glass jars, bottles. and containers of clear.
treen or amber (brown) color or any si.e or shape used to store
and'or package food and beverage products Ior' human or ❑i ittt;tl
etnsumptiort. and or used to package other produets. \\hicll must
he entpt\ and rinsed clean or residue. This term excludes
ceramics, window or automobile glass. mirrors. and light bulbs:
00-34(r(h)(3) Metal food trap ht`t't'rtwt' t'ti17ltfilt4'1'c. .\hl fellow,
and nonferrous (i.e.. including. hut riot limited to. steel, tin-plated
steel. aluminum and bimetal) food and beverage containers (i.e..
including, but itot limited to. cans. plates. and trays) of arl\ si/e
or shape used to store and or package food and beverage
products suitable fur human or animal consumption. a Iticlr must
he cnlpt% and rinsed clean or residue:
4. 90-34(t(b)(4) Other meta/ t'tuuolne'i's. All other lcrrous and
nonferrous containers used to package household products
ineludin,, but not limited to. paint cans and aerosol cans. which
must he empty and rinsed clean or reside: and
i, t)U-340(h)(5) l'lustit.c. All high clensit\ polveth%[cne (1[1)l'p')
and Olt" polyethylene terephthalare (P1' I ) bottles. jug!..;. jars.
cartons, tubs. and or other containers. and lith. of si/c or
shape wed to package food, he et'agges. and or other household
products. or crankcase oil, which must he enipt\ and rinsed clean
of residue. 'This term c\eludes all plastic film. plastic barns. \invL,
rin.id plastic (i.e.. to\s). and Plastic barn material,.
franchisee shall offer rec\eling sen ices for commercial establishments. as a single-
stream [cc\cling proeess, as more particularly set firth in Section t)0-+41 of the ('it\
( ode. or as a modified rec\cling program. as more p;ll'tleul.lt'l\ set tbrth in section (to_
344 of the ( it\ ('ode.
(a) The single-stream reeyeling process shall separate. from all other solid
\\axle. the fol[owing recyclable materials.
14
•:. • .. rr c: __..:t:;:•:'.,.1'�?F. -si .-"u .�- 'fit t i^
I. 110-31/(1,1(1) :\'('ir,cyrnlrcr, c•crrdlhuurd, uru,'cr_iuc'.c, and rcucdc,,,nc c,
icteplruuc boob and M. dirc•ctc,rir.s. and COO' [MOT. rr.'(•d fir
rlrcc'crrded ucu:+lrrirrl. inc•ludiu,,any gif)1.N.i in.cCPR.
I/n-34101(2) (i/ir.CC. (il;lss Ial�, bottles. and containers of clear.
greed or amber (bt'o1\ii) color or any si/C or shape used In store
and ur packs c firod and beteragc products tier human or animal
consumption, and or used to package other products ‘k Inch must
he empty and rinsed clean or residue. This tet'tll excludes
ceramics, window or autc?inobile 4i lass• mirrors_ and light hulks:
'd1)-341(/))($) Maul f I and b('tc'r'u�( c omerine,.',. All lel'1'ous
and nonferrous(i.e., including. but not limited to. steel. tin-planed
steel, aluminum and bimetal) food and he\crage containers (i.e.,
including. but nut limited to. cans. plates. and tra\•s1 c,l'ail\ si c
or shape used to store and or package fluid and he erase
products suitable for human or animal Cttrlsttlllptiotl. N inch must
he empty and rinsed clean or residue.
4. tf)-;./1(!,1(4) 0111(1' ilk ial c midiline rc. :111 oilier rerrons. and
nonferrous containers used to package household products
including. but not limited to. paint cans and aerosol cans. \\pith
must he empt\ and rinsed dean or reside: including scrap metal.
\\Inch shall mean used or discarded items suitable for ree\eliro..
consisting predotlltrlailtl\ of ferrous metals. aluminum. brass.
copper. lead. cluronlitnn. tin. nickel or allo\s thereof. tilcludittg.
but not limited to. bulk metals such as large metal fixtures and
appliances (including \mite _goods suelt as Washing machine.,
rcli't`_erutiirs. etc.). but excluding metal etit1da111Crs lltill/.Cd to
.tore flammable or\olatlle chemicals. such as fuel tanks:
(Ph .11(h11?) !'luetic c. All high densit\ .pol\cthlcrle (I'll)l'F 1
and or pol\eth}'Iene terepluhalate (f'l I ) bottles. lugs. Jars.
cartons. tubs. and or other containers. and lids. of an\ si/C or
shape used to package fund. beverages. and or other household
products, or crankcase oil. \\hien must he ertipt\ and rinsed clean
of residue. "I his term excludes all plastic lihn, plastic bags. \iris.1.
rigid plastic (i.e.. toys). and plastic foam materials:
(1. txr- ;41dell(,) Ic.\udc. : and
tin-$.11(h)('1 11•„nd (•(earl \\out( \\a:Ie and or pieces generated
as by-products from manufacturing of wood products. It excludes
clean yard waste and clean waste (I..... natural vegetation and
mineral; such as stumps. brush. hlackhet'r\ %Ines. treC brandies.
15
•
._. • .. cr. - ... •'� ..r�S^• .:.C:.'._ ..r. ,.� �_ ..:'� .�. -'}fiJ? .._. t '.� , .-
anti associated dirt. sand, tree bark.,_sand and rooks). treated
]timber. wood piet:e". ter particles containing chemical
ftireser\ati\'es- eumllusilinn rooting. roofing raper. insulation.
sheetrock. incl glass.
SECTION 22. I`V.l.I1)IT1' — NO R1(;II I OF ACTION
H this Franchise Agreement. or ani pro\inion thereof. is fount) to he irr alit) or
L111it1Il�Ilt[ll1tHlal lr aril Court of i. nlltetelll (llrlstllt•lttill. and or If Franchisee Is pre\oiled from
exercising its rights hereunder h> present or future l etiiral. Lite.tior('uullh ordinances or lal1,
and Franchisee's rights under this franchise are m:ueriall\ impair•tl tlieleh\. Franchisee ,)tall
hale nu claim or cause of xenon against the( therefore.
SECTION 23. l'O\\ 1•:I2 '1'0 REGULATE STREETS
\uthinrz in this Agreement shall he construed as surrender h\ ('It\ of its right or 1101\ir
to pass ordinances re Lulallll1 the use of Its streets, arid of tither public right-oI-1\a . and or
public properties or Ltethlles.
SH:(•TIC)\ 24. a('('I:PTANCF OF FRANCHISE
Franchise ,\rreentenl shall he tiled \\ill] the Miami Beach ( I1\ Merl, within
)\tent\ (20)dais alter the date of approval of the franchise by the \la\or and ( Commission
and execution h the pal-nes hereto. filing of r1 iib the
( it\ Clerk shall be deemed proof'of Franchisee's acceptance(lithe franchise.
SECTION 25. (:O1'1•;RNlN(: !ANN' ANI) F:\('I,l SIl'i{ \'1•:\l I•:
1 Iris Franchisee :\r.reemelll shall he giiveriled 1)\. and construed in ,Iiiiirtlan e %%nil. the
cal A s of the State 01 1 Iter lda, both suhstallll\e ,inti rt•Illedial. 1\ItIURIt regard to principles of
ii�lltliet iii la\\,, lire exelusl\e \entre for all\ litigation arising out o1 tills Agreement shall he
to
r _ _
1,111:
INOL-t.L9 (}I14 I
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;11.1(1 •law.) 11o1111J\U,t,)ullL I
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_.�. ;� 1 tv .. ..... 'ti - .}d-o.��y'� .c....r�..-S iz: • r:•,. " i•••V• _..:;Fc: .... . • a a -n' - _ .,
•
Cit\ of Miami Beach
\ttn: :\lberto Zamora. Public \\•arks Sanitation Director
I7(NI t' in onion Center Ori\e
\llallll Beach. Florida 7,3139
t.305) (173-7616
Notices hereunder shall he effective as follows:
Notices arc deented deli\erect (11 L I en and become effective tlpon if hailed to an address
in the cit} of dispatch. and upon actual receipt if otherwise delivered.
SEC-110\ 27. FLORIDA I't'RI.IC• RECORDS LAW.
Pursuant to Section f l'4.070I of the Florida Statutes. Il l rarlchiseC meets the definition of
"Contractor"'as defined In Section 110.(17(11(1 )(a). Franchisee shall:
(al Keep and maintain public records that urthnarit\ and nccessaril',
would he required by the public agenc\ in ordei to per form the
Net\ice:
(b) Pros ide the public with access to public records on the same tentt
and conditions that the public agency would pro ide the records and
at a cost that does not e\Ceed the cost pro\riled in this chapter or as
otherwise provided by low.;
(e1 Insure thatpublic records that are exempt or confidential and
e\einpt front public I'ecord' disclosure requirements are not
disclo-sed e\cept :l authorised h\ law: and
(dl `lett all requirements fir rctainitt4g public rccurds and transfer to the
C tt�, al no C'it\ cost. all public t'ecordk created. recei\ed. maintained
and or dirctl> related to the performance of this Agreement that are
nl possession of the franchisee upon termination of this Agreement.
( punt termination of this Agreement. die Franchisee shall destroy
any duplicate public records that are e\entpt or confidential and
exempt from public records disclosure reqlllrelltellts. All records
stored elcctrt,nicall\ must be provided to the C'itt in a format that Is
compatible with the information techitolog\ .\stems of the('it\.
I\
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by L `rG
For pulpttse•s of this Article, the term "public records" shall mean all dLteutncnts. paters.
letters. neaps. hooks. talks. photographs. films. sound recordings. data processing soft are. or
other material, regardless of the physical form. characteristics. or means of transmission. made or
recd'ed pursuant to law or ordinance or in cotlnectilqi N itli the transaction of official business ut
the City.
Franchisee's failure to comply with the public recuccls disclosure requirement set forth in
Section I I9.0701 of the Florida Statutes shall be a breach at'this Aw'eeLiieu
In the event the Franchisee does not cosnplith the public records disclosure
rcc uit rcneclt set tooth in Section 119.0701 of the Florida Statutes. the City ma.. at the City's sole
discretion. avail itself of the remedies set firth under this Agreement and a‘ailahle at lav .
TILE REMAINDER OF TIlIS I'AGE IS INTE`T/ON; L1.V LEFF BLANK.
19
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IN WITNESS WHEREOF,the partio; hereto ha%e caused this 1:1itnellissxs Agreement to he
exek.:uted hi. their appropriate officials. as 40w date lirst catered abo\e.
FOR CITY: CITY OF MIANII REACH, FLORIDA
AL LII:
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l'ailis.1 I.. (iranaslii Philip
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Cit Clerk Nla or
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FOR FRANCHT.CiEE: . \i AS I E YIANL:1•INIEN1 IN( OF
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.. Fl A)RI DA. a I Iorida corporution
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_
NON-EXCLUSIVE FRANCHISE WASTE CONTRACTOR AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA (CITY)
AND
PROGRESSIVE WASTE SOLUTIONS OF FL, INC. (FRANCHISEE)
FOR
RESIDENTIAL SOLID WASTE COLLECTION AND DISPOSAL FOR
MULTIFAMILY RESIDENCES WITH NINE(9)OR MORE UNITS; COMMERCIAL
SOLID WASTE COLLECTION AND DISPOSAL; AS WELL AS FOR RECYCLING
SERVICES FOR MULTI-FAMILY RESIDENCES WITH TWO (2)OR MORE UNITS;
AND FOR
COMMERCIAL PROPERTIES IN THE CITY OF MIAMI BEACH, FLORIDA.
RECITALS
The City of Miami Beach, Florida,does hereby find,determine and declare as follows:
(a) That it is in the public interest to ensure that all areas within the City limits
arc adequately provided with high-quality solid waste collection and
disposal service; and
(b) That it is in the public interest to retain regulatory authority over solid waste
collection and disposal, to the extent allowed by law, because of the
overriding public health, safety and welfare considerations associated with •
the provision of this service; and
(c) That it is in the public interest to retain control over the use of public right-
of-way by solid waste collectors to ensure against interference with the
public convenience, to promote aesthetic considerations, and to protect the
public investment in right-of-way property;and
(d) That it is in the public interest to attract high-quality solid waste collectors;
and
(e) That it is in the public interest to ensure that high-quality solid waste
collection and disposal service is maintained through a responsive
complaint handling procedure; and
(t) That it is also in the public interest for solid waste collectors to offer and
directly provide recycling services to their clients(Recycling Services); and
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Page 1582 of 2228
(g) That the granting of a non-exclusive franchise is the best means of assuring
that the above-described interests of the City of Miami Beach are promoted;
and
(h) That, at. the October 16, 2013 City Commission Meeting, the Mayor and
City Commission authorized the City Administration to issue Request fur
Qualifications No. 2013-I78SR For franchise waste contractors to provide
municipal solid waste (MSW) collections and disposal services, including
additional solid waste/recycling services at city-owned properties (the
RFQ); and
(i) That at the July 23, 2014 City Commission Meeting, the Mayor and City
Commission adopted Resolution No. 2014-28681, accepting the
recommendation of the City Manager pertaining to the ranking of proposals
pursuant to the RFQ, and authorizing the Administration to enter into
negotiations for new franchise agreements with the top three (3) ranked
proposers, Waste Management inc. of Florida, Progressive Waste Solutions
of FL, Inc., and Southern Waste Systems, LLC (collectively, the
Franchisees); and
(j) That, in addition to authorizing the Administration to negotiate and, if
successful, execute new Franchise Agreements with the Franchisees, as a
condition of the award of such agreements, the Mayor and City
Commission also authorized the Administration to negotiate and, if
successful, execute a new Service Agreement with the Franchisees 'for
MSW and Recycling Services, including other related public benefits to the
City which, at a minimum, should contain the same (or more favorable)
business terms than the existing services agreement; and
(k) That the new Franchise Agreements and the new Service Agreement shall
each have an initial term of five years, commencing on October 1, 2014,
and ending on September 30, 2019, along with a possible renewal term of
up to three(3) years,at the City Commission's sole discretion; and
(j) That Progressive Waste Solutions of FL, Inc., a Delaware corporation
• authorized to conduct business in the State of Florida (Franchisee), has
indicated to the City that it is ready, willing, and able to provide the
aforestated services within the City of Miami Beach, in accordance with the
provisions contained within the following franchise agreement (hereinafter,
the Franchise Agreement or Agreement), Chapter 90 of the City Code, and
under the (additional) service agreement (hereinafter, the Service
Agreement)executed simultaneously herewith.
NOW THEREFORE; City and Franchisee, in consideration of the mutual covenants
herein contained, agree as follows:
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Page 1583 of 2228
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SECTION 1. DEFINITIONS
For the purposes of this Agreement, the following words shall have the following
meanings:
"Chapter 90 of the City Code"shall mean Chapter 90 of the Miami Beach City Code(the
City Code), as may be amended from time to time.
"City"shall mean the City of Miami Beach, Florida.
"City Commission"shall mean the elected officials of the City of Miami Beach, Florida.
"City Manager" shall mean the chief operating officer.of the City or his authorized
designee.
"Franchisee" shall mean Progressive Waste Solutions of FL, Inc., a Delaware
corporation authorized to conduct business in the State of Florida, which is hereby granted this
franchise and has hereby agreed to undertake and perform each and every obligation as set forth
in this Agreement.
"Gross Receipts" as referred to herein shall mean the entire amount of the fees collected
by the contractor (whether,wholly or partially collected) for solid waste collection and disposal
within the City, but excluding any sales tax, or other tax, governmental imposition, assessment,
•
charge or expense of any kind, collected by the Franchisee from the account holder and required
by law to be remitted to the taxing or other governmental authority, and further excluding fees
from servicing rolloff and portable containers.
"Service Agreement"shall mean the certain agreement between the City and Franchisee
for the provision of additional solid waste collection and disposal and recycling services at
certain City owned facilities and properties. The Service Agreement is intended to have a term
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Page 1584 of 2228
that will run concurrently with the term of the franchise and this Agreement. Execution of the
• Service Agreement by City and Franchisee is a condition of the Franchise;Agreement.
Any other words or terms used herein which are not defined in this Section shall have
their normal dictionary meaning and customary usage unless such terms arc defined in Chapter
90 of the City Code, in which case they shall have the meaning set forth therein.
SECTION 2. GRANT OF FRANCHISE
Pursuant to Chapter 90 of the City Code, which authorizes the granting of franchises for
the purposes set forth herein, Franchisee is hereby granted a franchise, including every right and
privilege appertaining thereto (except as otherwise limited by Chapter 90 of the City Code,
and/or by present or future Federal, State and County ordinances and laws), to operate and
•maintain a solid waste collection and disposal service, and also to provide such recycling
services as contemplated in Section 90-231 of the City Code, in, upon, over, and across the
present and future streets, alleys, bridges, easements and other public rights-of-way,
property(ies), and/or facility(ics) within the limits of the City of Miami Beach, Florida, for the
purpose of collecting and disposing of solid waste, and for the purpose of providing recycling
services as contemplated in Section 90-231 of the City Code, generated by the citizens,
residents, inhabitants, business enterprises, and other entities therein. Except for Recyclable
Material otherwise provided for pursuant to Chapter 90 of the City Code, and/or by present or
•
future Federal, State or County ordinances and laws, Franchisee is hereby granted title to all of
such solid waste generated within said boundaries,insofar as the City can establish its legal right
to make such grant of title,
4
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Page 1585 of 2228
SECTION 3. GEOGRAPHICAL LIMITS OF THE FRANCHISE
The area covered by this franchise is the area within the city limits of the City of Miami
Beach, Florida, as they are now located and any areas which may at some future time be
incorporated into the City. Franchisee agrees that the limits of the -franchise are subject to
expansion or reduction by annexation and contraction of municipal boundaries and that
Franchisee has no vested right in a specific area.
SECTION 4. TERM
As to Franchisee, the initial term of this franchise shall be deemed to have commenced
on October 1, 2014, which shall be the effective date of this Agreement (and may also be
referred to as the Commencement Date). The initial term of the franchise shall be five (5)
years, commencing on the Commencement Date, and shall tenninatc on September 30, 2019,
unless sooner terminated by revocation of the franchise, as provided in Chapter 90 of the City
Code (Initial Term). l'rior to the expiration of the Initial Term of the franchise, the City
Commission may choose, in its sole discretion, to renew the franchise for a renewal term of up
to an additional three(3)years(Renewal Term).
SECTION 5. FRANCHISE CONSIDERATION
For a period of one year after the Commencement Date of this franchise, the Franchisee
shall pay to the City a franchise fcc consisting of eighteen percent (18%) of said Franchisee's
total monthly Gross Receipts. Thereafter, the City Commission shall have the option of raising
the franchise fee, as provided in Section 90-221 of the City Code.
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Page 1586 of 2228
. Gross Receipts from servicing ration'containers are not included under the franchise
fec due to the City, and shall be subject to separate fees, as set forth in Section 90-278 of the
City Code.
Payment of the franchise fcc shall be made monthly in accordance with Section 90-223
of the City Code.
In addition to monthly payment of the franchise fee, and in accordance with
Franchisee's proposal in response to the RFQ, the Franchisee shall (during the term herein)
also pay an annual amount equal to two.pereent (2%) of its total annual Gross Receipts, to be
applied by the City toward the establishment, implementation, and operation of a public right-
of=way cleaning program, which shall be operated through the City's Sanitation Division. The
means, method, and operation of this program shall be determined and implemented in the
City's sole and reasonable discretion. The franchisee shall, on or before thirty (30) days
following the close of its fiscal year, and in any event no later than February 15th of each year
during the term of the franchise, deliver to the City's Chief Financial Officer a.statement of its
annual Gross Receipts, certified by an independent certified public accountant,reflecting Gross
Receipts generated within the City for the preceding fiscal year. Payment of the two percent,
(2%) amount shall be made annually to the City's Chief Financial Officer, concurrent with the
delivery of Franchisee's certified statement of annual Gross Receipts(as provided above).
SECTION 6. ASSIGNMENT
• The rights herein granted to the Franchisee, and any licenses granted to the Franchisee
by the City, shall not be assigned by the Franchisee except with the express prior approval of
the City Commission,and as provided in Section 90-192(h) of the City Code.
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Page 1587 of 2228
•
•
in the event of such assignment, Franchisee shall cause its assignee to execute an
agreement of acceptance, subject to the approval of the City Manager, evidencing that such
assignee accepts the assignment subject to any and all terms, conditions, and limitations
imposed hereby, and which acceptance shall include an affirmative statement evidencing such
assignee's intent to fulfill the obligations imposed upon Franchisee herein. Notwithstanding the
City's approval of the assignment and assignee's acceptance, Franchisee shall guarantee the
performance of its assignee and such assignment shall always be with full recourse to
Franchisee. •
SECTION 7. BANKRUPTCY OR INSOLVENCY
If the Franchisee becomes insolvent, this franchise shall terminate. It'the Franchisee
files a petition of voluntary bankruptcy, or in the event of involuntary bankruptcy, this
franchise shall terminate no later than the date of filing of the bankruptcy petition.
SECTION 8. INDEMNIFICATION AND INSURANCE
Franchisee hereby agrees to indemnify,hold harmless, and defend the City, its officers,
employees, agents, and contractors against, and assumes all liability for, any and all claims,
suits, actions, damages, liabilities, expenditures, or causes of action, of any kind, arising from
•
Franchisee's, and/or its officers', employees',agents',and contractors' activities and/or the use
of the public:streets and/or other City property or rights-of-way, for the purposes authorized in
this franchise and in Chapter 90 of the City Code, and resulting or accruing from any
negligence, act,omission,or error of the Franchisee, and/or its officers, agents, employees,and
contractors, and/or arising from the failure of Franchisee to comply with each and every
covenant of this franchise, or with Chapter 90 of the City Code, or with any other Federal,
State, County and/or City ordinance, law, or regulation applicable to Franchisee's activities,
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Page 1588 of 2228
•
resulting in or relating to bodily injury, loss of life or limb, or damage to property sustained by
any person. property, firm, corporation (or other business cntity). Franchisee hereby agrees to
hold City, its officers, employees, agents and contractors, harmless from and against all
judgments, orders, decrees, attorney's fees, costs, expenses and liabilities incurred in and
resulting from any such claim, investigation, or defense thereof, which may be entered,
•
incurred, or assessed as a result of the foregoing. Franchisee shall defend, at its sole cost and
expense, any legal action, claim or proceeding instituted by any person against the City, its
officers, employees, agents or contractors, as a result of any claim, suit, or cause of action
accruing from activities authorized by this franchise, for injuries to body, limb, or property as
set forth above.
Franchisee agrees to maintain in full force and effect throughout the entire Term of the
franchise, the insurance coverages set forth in Section 90-196 of the City Code. Franchisee
further agrees that the City Manager may increase the kinds and amounts of insurance coverage
required if; in his sole reasonable judgment and discretion, he deems such increase necessary to
protect the City.
Operation of activities by the Franchisee without the required insurance shall be
grounds for revocation of the franchise.
SECTION 9. COMPLIANCE WITH ORDINANCES, RULES,LAWS
Franchisee shall be solely responsible for keeping and maintaining itself fully intbrmed
with all Federal,'State, County, and City ordinances (including, without limitation, Chapter 90
of the City Code), laws, rules, regulations,,and all orders and decrees of bodies or tribunals
having jurisdiction or authority, which in any manner affect its activities and this franchise,or
which in any way affect the conduct of'its work (collectively, the aforestated are referred to as
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Page 1589 of 2228
.
•
the Applicable Laws). Franchisee shall at all times observe and comply with all Applicable
Laws. Additionally, Franchisee shall be solely responsible for obtaining and maintaining
current and in good standing any licenses and permits required under Applicable Laws to
conduct its business(es)and activities under the franchise.
SECTION 10. REVOCATION OF FRANCHISE
Failure on the part of Franchisee to comply in any material way with the provisions of
this Franchise Agreement, Chapter 90 of the City Code, or other Applicable Laws, shall be
grounds for revocation or termination of the franchise, which termination shall be in
accordance with Section 90-234 of the City Code, and shall be effective upon written notice to
Franchisee.
SECTION 11. REPORTING;ACCOUNTING;AUDIT
Franchisee shall keep an accurate set of books and records in accordance with general
accounting principles, reflecting the Gross Receipts derived under and pursuant to the franchise
rights granted herein. The City shall have the right to audit Franchisee's books and records, as
provided in Section 90-224 of the City Code.
SECTION 12. COLLECTION EQUIPMENT
Franchisee shall have on hand, at all times during the Term of the franchise, sufficient
personnel and equipment to permit Franchisee to fully, adequately and efficiently perform its
duties hereunder. Collection equipment shall be kept clean,sanitary, neat in appearance,and in
good repair and working order at all times. Franchisee shall at all times have available to it
reserve equipment, which can be put into service and operation within two (2) hours of any
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Page 1590 of 2228
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breakdown- Such reserve equipment shall substantially correspond in sire and capability to the
equipment normally used by Franchisee to perform its duties hereunder.
SECTION 13. DISPOSAL
All solid waste she be hauled to sites or facilities legally empowered to accept it t r
treatment or disposal. The City reserves the right to approve or disapprove sites, taking into
account all governmental regulations, routes within the franchise area, and the rules and
regulations of the governmental body having jurisdiction over said sites or facilities.
SECTION 14. COLLECTION SERVICES AND OPERATIONS
Franchisee's procedures for collection of solid waste shall be in keeping with all
provisions of Chapter 90 of the City Code and other Applicable Laws.
SECTION 15. STORMS AND OTHER EMERGENCIES
In case of an unusually severe storm, and/or other extreme acts of weather (i.e.
including, without limitation, tropical storms, tropical depressions, hurricanes, floods,
tornadoes, etc.), or•disruption caused by other emergencies not caused by Franchisee, the City
Manager may grant Franchisee reasonable variance from its regular schedules. As soon as
practicable after such storm, act of weather, or other emergency, Franchisee shall inform the
City of the estimated time required before regular schedules and routes can be resumed and,
upon request of the City Manager and in such form as determined by the City Manager,
Franchisee shall provide notice of same to its commercial and residential (multi-family) clients
in the franchise area. In event of a storm, act of weather, or other emergency requiring mass
clean-up operations, Franchisee shall, upon direction of the City Managcr, participate in said
clean-up, to the extent directed by the City Manager. Franchisee shall be compensated by the
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Page 1591 of 2228
City, in the amount of actual costs, plus twelve percent (12%) of said costs, and shall be
excused from conducting regular services, as and to the extent approved by the City Manager.
• Any expense incurred or revenue received under this Section IS shall not be included or
considered in base rate calculations.
SECTION 16. NON-WAIVER
The failure by the City at any time to require performance by the Franchisee of any
provision hereof,or of Chapter 90 of the City Code, or of any other Applicable Laws, shall not
in any respect limit, prejudice, diminish, or constitute a waiver of any rights of the City
thereafter to enforce same, nor shall waiver by the City of any breach of any provision of the
Franchise Agreement,or of Chapter 90,or of any other Applicable Laws,he taken or held to be
a waiver of the City's rights to enforce or take action against any such succeeding breach (of
• such provision),or as waiver of any provision itself.
SECTION 17. CONTINUED OPERATIONS DURING DISPUTES
In the event that a dispute arises between the City and Franchisee (or any other
interested party) in any way relating to this franchise (including performance or compensation
hereunder), the Franchisee shall continue to perform hereunder and to render service in full
compliance with all terms and conditions of the Franchise Agreement, regardless of the nature
• of the dispute.
Franchisee expressly recognizes the paramount right and duty of the City to provide
adequate waste collection and disposal services as a necessary governmental function, and
further agrees, as consideration for the City's approval and execution of this Franchise
Agreement that, in the event of a dispute, said Franchisee shall not cease performance or stop
service during the pendency of any such dispute.
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Page 1592 of 2228
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SECTION 18. HANDLING OF COMPLAINTS
Franchisee shall be bound by Chapter 90 of the City Code with regard to handling of
complaints from its patrons.
SECTION 19. NONDISCRIMINATION
Franchisee and the City agree that Contractors' compliance with the City's Human
Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to
time, shall be a material term of this Agreement. Franchisee agrees that it has adopted and will
maintain and enforce a policy of nondiscrimination on the basis of race, color, national origin,
religion, sex, intersexuality,gender identity, sexual orientation,marital and familial status,age,
or disability. Said nondiscrimination policy shall apply to employment practices of thc
Franchisee and the provision of services.The Franchisee agrees that, upon written request from
• the City Manager, it will permit access to its records of employment, ,employment
advertisements, application forms,and other pertinent data and records, to the City for thc
purposes of investigation to ascertain compliance with the nondiscrimination provisions of this
Section;provided,however, that Franchisee shall not be required to produce for inspection any
records covering any period of time more than two (2) years prior to the effective date of this
franchise. A finding by the City Manager that Franchisee has engaged in art unlawful
discriminatory practice, according to the regulations and procedures set forth in Chapter 62 of.
the City Code. shall constitute a breach of this Agreement.
SECTION 20. RECYCLING SERVICES REQUIREMENTS
20.1 In accordance with the provisions of Sections 90-231, 90-340, and 90-341 of the City
Code, during the Term of this franchise, Franchisee shall comply with the following
•
recycling requirements:
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Page 1593 of 2228
(a) _ As a condition of the franchise, each Franchisee shall be required to
offer directly, or through a subcontractor, who shall be licensed by
the City and state, recycling for any and all accounts serviced by the
Franchisee(including, without limitation, any and all residential and
commercial accounts).
(b) All of Franchisee's contracts (within the jurisdictional limits of the
City of Miami Beach) for waste collection and disposal services
(accounts) for multifamily residences and commercial accounts shall
also include a proposal to provide recycling services. Such recycling
proposal shall, to the maximum extent that is commercially feasible,
maximize recycling activity in the City, and provide for sufficient
flexibility in recyclable materials, container size, and location, as is
both necessary and consistent for the particular account.
(c) Whether directly provided, or subcontracted with a qualified
recycling contractor, each recycling proposal shall require
Franchisee to disclose to the contract holder the savings offset that is
anticipated as a result of the recycling and the consequent reduction
of solid waste disposed; provided, however, that the recycling
proposal (and the required savings offset) shall remain within the
purview of the Franchisee and the multifamily or commercial
account holder to negotiate.
(d) Pursuant to Section 90-23'1(b) of the City Code, with respect to
multifamily residences only, each of Franchisee's contracts must
• disclose to an account holder that in the event that the recycling bid
and/or price quote(hereinafter,the offer) provided by the contractor
to an account holder who is an owner, occupant, or operator or
manager of an apartment building or the multifamily residence, is
deemed unfair by said owner, occupant, or operator or manager,
thenthe aggrieved party may tile a protest with the City Manager, in
• writing,within 30 days of receipt of the offer by the aggrieved party;
the protest must include a copy of the offer, and must clearly state
the reasons and grounds upon which that the aggrieved party
considers the offer to be unfair.
(e) Franchisee must appropriately designate the recycling collection
containers that it provides to customers.The containers must contain
the appropriate signage and information, as shall be established and
approved by the City. Additionally, Franchisee shall assist and
provide written notice to the Director of Public Works in identifying
• multifamily accounts and commercial accounts which do not have a
recycling program or, in the alternative, which have allowed a
recycling program to lapse or expire.
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Page 1594 of 2228
20.2 PURSUANT TO SECTION 90-340 OF THE CITY CODE, AND EFFECTIVE
NOVEMBER 1, 2014, FRANCHISEE SHALL OFFER THOSE RECYCLING
SERVICES FOR ANY MULTI-FAMILY RESIDENCE WITH TWO (2) OR
MORE DWELLING UNITS, AS A SINGLE-STREAM RECYCLING PROCESS
OR AS A MODIFIED RECYCLING PROGRAM, AS MORE PARTICULARLY
SET FORTH IN SECTION 90-344.
(a) Pursuant to Section 90-340(b), the recycling services for multifamily
residences shall consist of a single-stream recycling process.The single-
stream recycling process shall separate, from all other solid waste, the
five(5)following recyclable materials:
1. 90-340(b)(1)Newspaper. Used or discarded newsprint,including
any glossy inserts;
2., 90-340(b)(2) Glass. Glass jars, bottles, and containers of clear,
green or amber (brown) color of any size or shape used to store
and/or package food and beverage products for human or animal
consumption, and/or used to package other products, which must
be empty and rinsed clean or residue. This term excludes
ceramics, window or automobile glass, mirrors, and light bulbs;
3. 90-340(b)(3) Metal_food and beverage containers. All ferrous
and nonferrous (i.e.,including, but not limited to, steel,tin-plated
steel, aluminum and bimetal) food and beverage containers (i.c.,
including, hut not limited to, cans, plates, and trays) of any size
or shape used to store and/or package food and beverage
products suitable for human or animal consumption, which must
be empty and rinsed clean or residue;
4. 90-340(b)(4) Other metal containers. All other ferrous and
nonferrous containers used to package household products
including, but not limited to, paint cans and aerosol cans, which
must be empty and rinsed clean or reside;and
5. 90-340(b)(5) Plastics. All high density polyethylene (HDPE)
and/or polyethylene terephthalate (PET) bottles, jugs, jars,
cartons, tubs, and/or other containers, and lids, of any size or
shape used to package food, beverages, and/or other household
products, or crankcase oil, which must be empty and rinsed clean
14 •
Page 1595 of 2228
•
•
•
of residue.This term excludes all plastic film, plastic bags, vinyl,
rigid plastic(i.e.,toys), and plastic foam materials.
20.3 Franchisee shall offer recycling services For commercial establishments, as a single-
stream recycling process, as more particularly set forth in Section 90-341 of the City
Code, or as a modified recycling program, as more particularly set forth in Section 90-
344 of the City Code.
(a) The single-stream recycling process shall separate, from all other solid
waste,the following recyclable materials:
1. 90-341(b)(1)Newspaper. cardboard, magazines, and catalogues,
telephone books and/or directories. and office paper; used or
discarded newsprint,including any glossy inserts;
2. 90-341(6)(2) Glass. Glass jars, bottles, and containers of clear,
green or amber(brown) color of any size or shape used to store
and/or package food and beverage products for human or animal
consumption, and/or used to package other products which must
be empty and rinsed clean or residue. This tenn excludes
ceramics, window or automobile glass,mirrors, and light bulbs; •
Metal,food and bevern a containers. All ferrous
and nonferrous (i.e.,including,but not limited to, steel,tin-plated
steel, aluminum and bimetal) food and beverage containers (i.e.,
including, but not limited to, cans, plates, and trays) of any size
or shape used to store and/or package food and beverage
products suitable for human or animal consumption, which must
be empty and rinsed clean or residue;
4. 90-341(h.)(4) Other metal containers, AU other ferrous and
nonferrous containers used to package household products
including, but not limited to, paint cans and aerosol cans, which
must be empty and rinsed clean or reside; including scrap metal,
which shall mean used or discarded items suitable for recycling,
consisting predominantly of ferrous metals, aluminum, brass,
copper, lead, chromium, tin, nickel or alloys thereof including,
• but not limited to, bulk metals such as large metal fixtures and,
appliances (including white goods such as washing machines,
refrigerators, etc.), but excluding metal containers utilized to
store flammable or volatile chemicals, such as fuel tanks;
•
15•
Page 1596 of 2228
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and execution by the parties hereto. Filing of a fully executed Franchise Agreement with the
City Clerk shall be deemed proof of Franchisee's acceptance of the franchise.
SECTION 25. GOVERNING LAW AND EXCLUSIVE VENUE
This Franchisee Agreement shall be governed by, and construed in accordance with, the
laws of the State of Florida, both substantive and remedial, without regard to principles of
conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court,and the U.S. District Court,Southern District of
Florida, if in Fedcral court.*
BY ENTERING INTO THIS AGREEMENT, CITY AND FRANCHISEE EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
SECTION 26. NOTICE
All notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Franchisee and the City listed below or may
he mailed by registered mail,postage prepaid (or airmailed if addressed to an address outside of
the city of dispatch).
Until changed by notice in writing, all such notices and communications shall be
addressed as follows:
7'O FRANCHISEE: Progressive Waste Solutions of FL, Inc.
3840 Northwest 37th Court
Miami, Florida 33142
Attention: Damian Ribar
General Manager
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Page 1598 of 2228
•
,
•
•
TO CITY: City of Miami Beach
Attn:Jimmy L. Morales, City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
(305)673-7010
WITH COPIES TO: City of Miami Beach
Attn: Eric Carpenter,Public Works Director
1700 Convention Center Drive
Miami Beach, Florida 33139
(305)673-7080
and
City of Miami Beach
Attn:Alberto Zamora,Public Works Sanitation Director
1700 Convention Center Drive
Miami Beach,Florida 33139
(305)6737616
Notices hereunder shall be effective as follows:
Notices are deemed delivered or given and become effective upon mailing if mailed to an address
•
in the city of dispatch,and upon actual receipt if otherwise delivered.
SECTION 27. FLORIDA PUBLIC RECORDS LAW.
. Pursuant to Section 119.0701 of the Florida Statutes,if Franchisee meets the definition of
•
"Contractor" as defined in Section 119.0701(1)(a),Franchisee shall:
•
(a) Keep and maintain public records that ordinarily and necessarily •
would be required by the public agency in order to perform the
service;
(b) Provide the public with access to public records on the same terms
and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law;
(c) Ensure that public records that arc exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law; and
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Page 1599 of 2228
(d) Meet all requirements for retaining public records and transfer to the
City,at no City cost, all public records created, received, maintained
and/or directly related to the performance of this Agreement that are
in possession of the.Franchisee upon termination of this Agreement.
Upon termination of this Agreement, the Franchisee shall destroy
• any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records
stored electronically must he provided to the City in a format that is
compatible with the information technology systems of the City.
For purposes of this Article,the term "public records" shall mean all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or
other material, regardless of the physical form,characteristics,or means of transmission,made or
received pursuant to law or ordinance or in connection with the transaction of official business of
the City.
Franchisee's Failure to comply with the public records disclosure requirement set forth in
Section 1 19.070 1 of the Florida Statutes shall be a breach of this Agreement.
In the- event the Franchisee does nut comply with the public records disclosure
requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole
discretion,avail itself()f the remedies set forth under this Agreement and available at taw.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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Page 1600 of 2228
a ' .
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IN WITNESS WHEREOF, the parties hereto have caused this Franchisee Agreement to be
executed by their appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
By: . ... -7.1=z•
. . •
•
. faelanado • 1;!, /
--,
City Clerk "g /
.•
•
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\\t•ACLA• r
FOR FRANCHISEE: "N..Z:-.. ' OGRESSIVE WASTE SOLUTIONS
OF FL,INC., a Delaware corporation
4.9 authorized to conduct business in the State
of Florida
ATTEST:
By:
. .
• Alt at-a II
• attattektk r/M6711. !4•• • •NO Thomas J.Fowler
•
$10414X107 Asst.Secretary •.411:0004xVice President
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
3."-Ler sz. l01 (4-
City Attorney Date
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SERVICE AGREEMENT BY AND AMONG THE
CITY OF MIAMI BEACH
AND
PROGRESSIVE WASTE.SOLUTIONS OF FL,INC.;
SOUTHERN WASTE SYSTEMS, LLC; AND
WASTE MANAGEMENT INC. OF FLORIDA;
FOR
ADDITIONAL SOLID WASTE COLLECTION SERVICES AND COLLECTION
OF RECYCLABLE MATERIALS AT CITY OWNED PROPERTIES, PARKS,
RIGHTS OF WAY,AND OTHER PUBLIC FACILITIES AND PROPERTY(IES)
jc [c & ry
This Service Agreement (Agreement) is entered into this t2& day of De.,uoI,x,
20r4, by and among the City of Miami Beach, Florida (City); Progressive Waste Solutions of
FL, Inc., a Delaware corporation authorized to conduct business in the state of Florida; Southern
Waste Systems, LLC, a Florida limited liability company; and Waste Management Inc. of
Florida, a Florida corporation (collectively, Contractors), fbr the purpose of providing additional
solid waste collection services and collection of recyclable materials(Recycling Services) at City
facilities, parks, rights of way and other City-owned property(ies) within the City of Miami
Beach city limits (collectively, the Collection Area), and such other services as may be required
by the City, as more particularly set forth herein.
RECITALS:
WHEREAS, at the October 16, 2013 City Commission Meeting, the Mayor and City
Commission authorized'the City Administration to issue Request for Qualifications No. 2013-
17l SR for franchise waste contractors to provide municipal solid waste (MSW) collections and
Page 1602 of 2228
disposal services, including additional solid waste/recycling services at City-owned properties
(the RFQ); and
WHEREAS, at the July 23, 2014 City Commission Meeting, the Mayor and City
Commission adopted Resolution No. 2014-28681, accepting the recommendation of the City
Manager pertaining to the ranking of proposals pursuant to the RFQ, and authorizing the
Administration to enter into negotiations for new franchise agreements with the Contractors, as
the top three(3)ranked proposers; and
WHEREAS,in addition to authorizing the Administration to negotiate and, if successful,
execute new Franchise Agreements with the Contractors, as a condition of the award of such
agreements, the Mayor and City Commission also authorized the Administration to negotiate
and, if successful, execute a new Service Agreement with the Contractors for MSW and
Recycling Services, including other related public benefits to the City, which, at a minimum,
should contain the same (or more favorable) business terms than the existing service agreement;
and
WHEREAS, the new Franchise Agreements and the Service Agreement shall each now
have an initial term of five years, commencing on October I,2014, and ending on September 30,
2019, along with a possible renewal term of up to three(3) years, at the City Commission's sole _
discretion; and
WHEREAS, the Contractors and‘the City have also agreed to the terms contained in this
Service Agreement; in connection with the simultaneous execution of the Franchise Agreements;
and
WHEREAS, the City intends, and Contractors acknowledge and agree, that the Service
Agreement shall run concurrently with the term of the Franchise Agreements; and
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WHEREAS, the City has been induced, in part, to execute this Agreement and the
Franchise Agreements, based upon Contractors' commitment to provide the additional public
benefits/services to the City included in Exhibit"A"hereto.
NOW THEREFORE, City and Contractors, in consideration of the mutual covenants
herein contained, agree as follows:
I. RECITALS
The foregoing recitals are true and correct and are hereby incorporated by reference into
this Agreement.
3. LIAISON BETWEEN CITY AND CONTRACTORS
All dealings, contracts, notices and payments between Contractors and the City under this
Agreement shall be directed by Contractors to the City Manager or the Authorized
Representative, defined herein. •
3. COMMENCEMENT OF WORK AND SERVICES
The work and services outlined herein shall commence immediately upon receipt of a
Notice to Proceed issued by the City Manager or the Authorized Representative, as
hereinafter defined.
4. TERM
4.1 The initial term of the Agreement shall be for a five(5) year period, commencing
retroactively on October 1, 2014 (Commencement Date), and terminating on
September 30, 2019(Term).
4.2 - Notwithstanding subsection 4.1 above, this Agreement shall be subject to periodic
review by the Mayor and City Commission, with the first review period
commencing on or.about six (6) months from the Commencement Date of this
Agreement, as set forth in subsection 4.1, and thereupon on or about a date every
six (6) months thereafter throughout the Term hereof. The City Commission's
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review shall be discretionary, and shall assure that the terms and conditions of the
Agreement are being complied with and, particularly, that Contractors'
performance pursuant to the Agreement does not adversely impact Contractors'
performance as franchisees, including, without limitation, their fees, rate
structure, costs (i.e. increases), in such a manner as to negatively impact their
duties to "private" customers in the City (as set forth in the Franchise
Agreements). In the event that the City Commission, in its sole reasonable
discretion, determines that there has been such an adverse impact, it reserves the
right to terminate this Agreement for convenience, pursuant to Section 20 hereof.
5. DEFINITION OF TERMS
5.1 Authorized Representative: The employee designated in writing by the City
Manager to represent the City in the administration and supervision of this
Agreement. The City Manager's Authorized Representative shall be the City's
Sanitation Division Director, unless otherwise changed, in writing, by the City
Manager.'
5.2 City: City of Miami Beach, Florida, and its authorized representatives.
5.3 City Manager: The City Manager of the City of Miami Beach, Florida.
. 5.4 Construction and Demolition Debris: Discarded material generally considered not
to be water-soluble or hazardous, including, without limitation, steel, concrete,
glass, brick, asphalt rooting material, or lumber from a construction or demolition
project. Commingling construction and demolition debris with any amount of
other types of solid waste will cause it to be classified as other than construction
and demolition debris.
5.5 Contractor(s): The person(s), finn(s), corporation(s), holding company(ies),
• organization(s), agency(ies), or other entity(ics) with whom the City has executed
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this Agreement for performance of the work. All successors to Contractors are
included in this definition.
5.6 Disposal Costs: The "tipping fees" charged to Contractors for disposal of the
garbage and trash collected by Contractors.
5.7 Garbage: Every refuse accumulation of animal, fruit, vegetable or organic matter
that attends the preparation, use, cooking and dealing in or storage of meats, fish,
fowl, fruit or vegetables, and decay, putrefaction and the generation of noxious or
offensive gases or odors, or which, during or after decay, may serve as breeding
or feeding material for flies or other germ-carrying insects.
5.8 Garbage Can or Container: A container which has been approved for use in the
City by the City Manager, made of galvanized metal, durable plastic or other
suitable material of a capacity not less than ten gallons but not to exceed 30
gallons for collection of solid waste awaiting pickup and disposal. Such can or
container shall have two handles upon the sides thereof, or a bail, by which it may
be lifted, and shall have a tightening solid top
5.9 Gross Receipts: As referred to herein, Gross Receipts shall mean the entire
amount of the fees collected by the Contractors (whether wholly or partially
collected) for solid waste collection and disposal within the City, but excluding
any sales tax, or other tax, governmental 'imposition, assessment, charge or
expense of any kind, collected by the Contractor from the account holder and
required by law to be remitted to the taxing or other governmental authority, and
further excluding fees from servicing rolloff and portable containers.
5.10 Industrial Wastes: Any solid waste generated by construction, land cleaning,
excavating of structures, roads, streets, sidewalks or parkways, and including,
without limitation, waste collected for recycling, and oil.grease. and petroleum.
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5.1 1 Landfill: Any solid waste land disposal area for which a permit, other than a
general permit, is required by Section 403.707, Florida Statutes, that receives
solid waste for disposal in or upon land other than land-spreading site, injection
well, or surface impoundment.
5.12 Loose Refuse: Any refuse, either garbage or trash, stored in and collected from
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any type of container other than a mechanical container or garbage can. Refuse
which is collected from the ground is considered loose refuse.
5.13 Mechanical Container: Any detachable Metal container designed or intended to he
mechanically dumped into a loader/packer type of garbage truck used by the
Contractors,
5.14 Market Share: The Market Share, as referenced herein, shall be determined by the
Authorized Representative, in his sole and reasonable discretion, by taking the
total amount of Gross Receipts for a particular Contractor and dividing it by the
total amount of Gross Receipts for all Contractors collectively. The Market Share
• for each respective Contractor shall be calculated, by the City's Authorized
Representative,on September 1 of each year during the Term of this Agreement.
5.15 Recyclable Materials: Those materials which are capable of being recycled and
which would otherwise be processed or disposed of as solid waste. Any
recyclable material nixed with solid waste shall be considered to be solid waste.
5.16 Recycling: Any process by which recyclable materials are collected, separated, or
processed to be reused or returned to use in the form of raw materials or products.
• 5.17 Recycling Container: A container approved by the city manager for collection of
recyclable material by a recycling contractor.
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5.18 Refuse: Both rubbish and garbage or a combination or mixture of rubbish and
garbage, including paper, glass, metal, and other discarded matter, excluding
recyclable materials.
5.19 Refuse Regulations: Regulations prescribed by. the City together with such
administrative rules, regulations, and procedures as may be established for the
purpose of carrying out or making effective the provisions of the Agreement.
5.20 Remodeling and Home Repairs Trash: Materials accumulated during the course of
a self-performed improvement project, prepared so as not to exceed five (5) feet
in length or forty(40) pounds in weight.
5.21 Rolloff Container: A metal container, compacted or open,-approved by the city
manager or his designee, that is designed and used by rolloff contractors for the
collection and disposal of construction and demolition debris; large quantities of
trash;and/or bulky waste;but not garbage or commercial refuse.
5.22 Rubbish: Rubbish or trash means refuse accumulations of paper, excelsior, rags,
wooden or paper boxes or containers, sweepings and all other accumulations of a
nature other than garbage, which are usual to housekeeping and to the operation
of stores, offices, and other places of business; and any bottles, cans or other
containers, which, due to their ability to retain water, may serve as breeding
places for mosquitoes or other water-breeding insects. Rubbish shall not include
industrial waste.
5.23 Solid Waste: Solid waste includes bulky waste, commercial refuse, garden trash,
tree and shrubbery, garbage, refuse, rubbish, special handling trash, trash,
hazardous waste, biohazardous waste, industrial waste, residential refuse, white
goods, or other discarded material, including solid, liquid, semisolid, or contained
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gaseous material, resulting from domestic, industrial, commercial, mining, or
agricultural operations.
5.24 Solid Waste Disposal Facility: Any solid waste management facility which is the
final resting place for solid waste, including landfills and incineration facilities
that produce,ash from the process of incinerating municipal solid waste.
5.25 Special Handling Waste: Solid wastes that can require special handling and
management, including, without limitation,. white goods, furniture, mattresses,
and other bulky items of household trash; oils; whole tires; lead-acid batteries;
and hazardous and biohazardous wastes; but excluding special handling garden
trash.
5.26 Special Handling Garden Trash: Accumulation of tree branches, tree limbs, parts
of trees, bushes, and shrubbery over ten inches in diameter; which does not
exceed four feet in length, and is too large to be containerized or bundled and tied.
5.27 Trash: Trash means the same as"rubbish."
5.28 Waste/Solid Waste: Solid waste includes bulky waste, commercial refuse, garden
trash, tree and shrubbery, garbage, refuse, rubbish, special handling trash, trash,
hazardous waste, biohazardous waste. industrial waste, residential refuse, white
goods, or other discarded material, including solid, liquid, semisolid, or contained
gaseous material, resulting from domestic, industrial, commercial, mining, or
agricultural operations.
529 White Goods: Discarded refrigerators,,ranges. water heaters, freezers. and other
similar domestic and commercial large appliances.
5.30 Yard Trash — Regular: Vegetative matter resulting from yard and landscaping
maintenance, including materials such as tree and shrub trimmings, grass
clippings, palm fronds, or small tree branches not in excess of four (4) feet in
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1J _ a.
length and lour (4) inches in diameter. Such trash shall be bundled or placed on
containers which arc susceptible to normal loading and collection as other
`residential solid waste. No bundle or filled container shall exceed fitly (50)
pounds in weight.
5.3 I Yard Trash -: Bulk: Large cuttings of vegetative and wood matter which are part
of normal yard maintenance which cannot he cut for placement in container, bag,
of bundle due to the material exceeding the weight and size restrictions for regular
yard trash. Bulk yard trash shall be of a type as to be readily handled by the
mechanical equipment of Contractors and bulk yard material shall not exceed six
(6) tett in length. Bulk yard trash does not include any form or matter or debris
resulting from tree removal, land clearing, land development, building demolition.
or home improvement. Home improvements as defined herein would include but
not he limited to carpeting, cabinets, dry wall, lumber, paneling, and other such
construction related materials. Carpeting will be picked up by Contractors if cut to
length. of six (6) feet or less and bundled. Bulk yard trash does not include
automobiles,automotive components. boats, and internal combustion engines.
6. GENERAL PROVISIONS FOR SOl,ll) WASTE COLLECTION/DISPOSAL
PROGRAM, ROLLOFF WASTE CONTAINER PROGRAM, AND
COLLECTION OF RECYCLABLE MATERIALS
6.1 'I'IIE PROVISIONS OF THIS SECTION SHALL :11'I'LY TO TIIE SOLI[)
WAS'T'E COLLECTION/DISPOSAL PROGRAM, AS SET FORTH IN
SECTION 7 OF THIS AGREEMENT; THE ROLLOFF WASTE
CONTAINER PROGRAM, AS SET FORTH IN SECTION 8 OF THIS
AGREEMENT; AND THE COLLECTION OF RECYCLABLE
• MATERIALS, AS SET FORTH IN SECTION 9 OF THIS AGREEMENT.
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6.2 Contractors shall provide, at their own expense, all labor, insurance, supervision,
machinery and equipment, plant building, trucks, and any other tools, equipment,
accessories, and items necessary to maintain the standard of collections and
disposal set forth herein.
6.3 Protection of Adjacent Property and Utilities: Contractors shall conduct all work
in such a manner as to avoid damage to adjacent private or public property and
shall immediately repair or pay for any damage incurred through their operations.
Contractors shall take cognizance of all existing utilities and shall operate with
due care in the vicinity of such utilities and shall immediately repair (or have
repaired), at no cost to the City, any breakage or damage caused by their
. operations.
6.4 Spillage: Contractors shall not litter or cause any spillage to occur upon the
premises or the rights-of-way wherein the collection shall occur. In the event of
any spillage caused by Contractors, clean-up of spillage shall occur within four
(4) hours of notice by City to Contractors, and if the spillage is not picked up
within tour(4) hours, the City may, at its sole discretion, pick up the spillage and
bill the responsible Contractor for the pick-up, which the responsible Contractor
shall promptly pay. Notwithstanding the foregoing. Contractors may refuse to
collect any solid waste or recyclable materials that have not been placed in a
garbage can or container, or tied. or enclosed so that leaking, spilling,, and
blowing are prevented.
6.5 Receptacle: Contractors shall be required to pick up all garbage and rubbish, as
contemplated herein (which has been properly prepared and stored for collection)
as follows: all garbage, trash, and nebbish shall he placed in a garbage can or in
such other plastic disposal bag and shall be placed at curbside on or at such other
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single collection point as may be agreed upon by Contractors and the City. Non-
containerized trash shall be collected provided that it does not exceed thur(4) feet
in length or fifty (50) pounds in weight for any piece or segment of such
materials. All recyclable materials shall be placed in a recycling container at
curbside on or at any such other single collection point as may be agreed upon by
Contractors and the City.
6.6 Method of Collection: As to all collections contemplated by this Agreement.
Contractors shall make collections with a minimum of noise and disturbance to
the properties being serviced and/or the surrounding neighborhood(s). Any
garbage, trash, or recyclable materials spilled by Contractors shall be picked up
• immediately by Contractors. Garbage receptacles and recycling containers shall
be handled carefully by Contractors, shall not be bent or otherwise abused, and
shall be thoroughly emptied and left at the proper collection point. Metal cans
shall be replaced upright with covers securely and properly in place, or can be
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inverted with covers placed topside up on the ground next to the container. Plastic
cans shall be inverted with covers placed topside up on the ground next to the
container. Any receptacle Ibund in a rack, cart, or enclosure of any kind shall be
turned upright in such rack, cart, or enclosure, and lids shall be placed securely on
top of said receptacles. In the event of damage caused by Contractors to garbage
receptacles or recycling containers, other than normal wear and tear, Contractors
shall be responsible for the timely repair or replacement of said receptacles or
containers within seven (7) days of receipt of notice from the City.
6.7 Schedules and Routes: Contractors shall provide the City with schedules for all
collection routes (including for servicing of rolloff containers) and keep such
information current at all times. If any change in the collection routes occurs, then
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the City shall he immediately notified in writing. All permanent changes in routes
or schedules that alter the day of pickup are subject to approval of the City
Manager or his designee. The City reserves the right to deny Contractors' vehicles
access to certain streets, alleys, and rights of way within the City, en route to the
disposal site, when it is in the interest of the City to do so because of the condition
of the streets or bridges. The City shall not interrupt the regular schedule or
quality of service because of a street closure of less than eight (8) hours in
duration. The City shall notify Contractors of any street closures of longer
duration, and arrangements for service will be made in a manner satisfactory to
the City.
6.4 Force Majeure: Contractors' performance and/or work hereunder may be delayed
or suspended at any time while, but only so long as, Contractor is hindered in or
prevented from performance by acts of God, the elements, war, rebellion, strikes,
lockouts, or any other cause beyond the reasonable control of Contractor;
provided, however, that if the hindrance or prevention of performance exceeds a
period of thirty (30)days, the City may, at its sole option and discretion, cancel or
renegotiate this Agreement.
6.9 Collection Equipment: Contractors shall have on hand at all times sufficient
equipment in good working order to permit Contractors to perform their duties
hereunder fully, adequately, and efficiently (including servicing of) rolloff
containers). Garbage collection equipment and recycling collection equipment
shall be kept clean, sanitary, neat in appearance, and in good repair at all times.
Contractors shall at all times have available to them reserve equipment which can
he put into service and operation within two (2) hours of any breakdown. Such
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reserve equipment shall substantially correspond in size and capability to the
equipment normally used by Contractors to perform their duties hereunder.
6.10 Quantities of Solid Waste and Recyclable Materials: Contractors represent and
warrant that they have reviewed the City's collection records and understand that.
at certain times during the year, the quantity of refuse and recyclable materials to
he disposed of(including refuse in rolloff containers) is materially increased by
the influx of visitors. Contractors agree that seasonal fluctuation will not he
justification for Contractors to tail to maintain the required collection schedules
and routes or to justify a rate increase.
6.11 Disposal at a Solid Waste Disposal Facility: Contractors hereby represent and
warrant to the City that all solid waste collected by them under this Agreement
(including rolloff containers) shall he disposed of only at a duly licensed and
permitted solid waste disposal facility (as defined herein). The City reserves the
right to approve or disapprove said fitcility. In the event Contractors relocate solid
waste collected hereunder from an existing solid waste disposal facility to
another, other than on a temporary basis, Contractors shall notify City in writing,
within ten ( 10) days. and Contractors shall also, within said ten (10) day period,
provide the City with the licenses and permits for said new facility.
7. SOLID WASTE COLLECTION/DISPOSAL PROGRAM
7.I Contractors shall provide solid waste collection services to ('ity facilities, parks,
litter cans in the public right of way, and City-owned and/or other public
property(ies) within the City limits of Miami Beach. and as more specifically set
forth in Exhibit "A", attached and incorporated herein.
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8. ROLLOFF WASTE CONTAINER PROGRAM
8.1 Contractors shall place and service rolloff containers, as specifically set forth in
Exhibit "A"hereto. Prior to placing any rolloff container, Contractors shall obtain
the required license(s) and permit(s) from the City Manager, as required pursuant
to Chapter 90 of the Miami Beach City Code. A copy of the current permit
application, as may he amended from time to time, is attached hereto and
incorporated herein as Exhibit"13".
8.2 Frequency of Collection: Contractors shall service all rolloff containers, as
provided in Exhibit"A" hereto.
9. COLLECTION OF RECYCLABLE MATERIALS
9.1 Scope of Work: Contractors shall provide recycling collection services to City
facilities. parks, recycling containers in the public right of way, and City-owned
and other public property(ies) .within the City limits of Miami Beach, as
specifically set forth in Exhibit "A"hereto.
9.2 Frequency of Collection: Contractors shall service all recycling containers as ,
provided in Exhibit"A" hereto.
10. CONTRACTORS' PERSONNEL
10.1 Contractors' Officer(s): Contractors shall each assign a qualified person or
persons to supervise the operations within the Collection Area. Contractors shall
give the names of these persons to the City. information regarding each person's
experience and qualifications shall also be furnished. Supervisory personnel must
he available for consultation with the City Manager or the City Manager's
designee within a reasonable, practicable time, upon receiving notice of a request
for such consultation. The supervisor(s) shall operate a vehicle which is radio
equipped.
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10.2 Conduct of Employees: Contractors shall sec to it that their employees serve the
public in a courteous. helpful and impartial manner. No trespassing by employees
will be permitted nor crossing property of neighboring premises unless residents
or owners of both such properties have given pertnissicm in writing. Care shall he
taken to prevent damage to property including, without limitation, cans, carts.
racks, trees, shrubs, flowers, and other plants. Each vehicle operator shall, at all
times, carry a valid driver's license kir the type of vehicle that is being driven.
Contactors shall provide operation and safety training For all personnel.
10,3 Nondiscrimination: Contractors and the City agree that Contractors' compliance
with the City's Human Rights Ordinance, codified in Chapter 62 of the City
Code, as may he amended from time to time, shall be a material term of this
Agreement. Pursuant to the Human Rights Ordinance, Contractors shall not
unlawfully discriminate against their employees, on the basis of race, color.
national origin, religion, sex, intersexuality, gender identity, sexual orientation,
marital and familial status, age, or disability.
10.4 Employee Uniform Regulations: Contractors' employees shall wear a uniform or
shirt bearing the company's name. Contractors shall furnish to each employee an
identifying badge, not less than Iwo and one-half(2 W') inches in diameter, with
numbers and letters at least one (1") inch high, uniform in type. Employees shall
he required to wear such badges while on duty. Lettering stitched on or
identifying patches permanently attached to uniform shirts and jackets will be
acceptable. Contractors shall keep a record of employees' names, numbers and
route assignments in a manner to allow identification of employees at all times.
Contractors shall provide a current employee list(s) to the City within twenty-four
(24)hours of written notice From the City.
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10.5 Compliance with State. Federal, County and City Law: Contractors shall comply
with all applicable City (including, without limitation, Chapter 90 of the Miami
Beach City Code, as amended from time to time), Miami-Dade County, State of
Florida, and Federal laws, as may be now or hereinafter in effect.
10.6 Fair.. Labor. Standards. Act: Contractors are required and hereby agree, by
execution of this Agreement, to pay all employees not less than the greater of the
Federal or Florida minimum wage and to abide by other requirements, as
established by the United States Congress in the Fair Labor Standards Act, as
amended from time to time.
1 I. CONTRACTORS' OFFICE
Contractors shall each provide, at their expense, a suitable office located within, or in
close proximity to, Miami-Dade County, open between 8:00 A.M. and 5:00 P.M.,
Monday through Friday, with a telephone number where complaints shall be received,
recorded and handled during normal working hours of each week. and shall provide for
prompt handling of emergency complaints and all other special calls in accordance with
Section 14 hereof The office shall include recording equipment for receipt and logging
of off-hours calls.
Notification to City: Contractors shall notify the City, in writing, about complaint
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procedures, rates, and regulations.
12. CONTRACTORS' PERFORMANCE •
Contractors' performance pursuant to this Agreement shall be supervised by the City
Manager or the Authorized Representative. It' at any time during the term of the
Agreement, performance is considered unsatisfactory by the City Manager or the
Authorized Representative, Contractors shall immediately take all steps necessary and
implement such procedures as required to properly pertomi under the Agreement,
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including, without limitation, increasing the workforce, tools, and equipment. The failure
of the City Manager or the Authorized Representative to give such notification shall not
relieve Contractors of their obligation to perform all work at the time and in the manner
specified by the Agreement.
Contractors shall furnish the City Manager or the Authorized Representative with any
information relating to the Agreement, in order for the City to ascertain whether or not
the work, as perlonmed, is in accordance with the requirements of the Agreement.
The City Manager may appoint qualified persons to inspect Contractors' operation and
equipment at any reasonable lime, and Contractors shall admit authorized representatives
of the City to make such inspections at any reasonable time and place.
The failure of the City at any time to require performance by Contractors of any
provision herein shall in no way affect the right of the City thereafter to enforce same.
nor shall waiver by the City of any breach of provisions herein be taken as or held to he a
waiver of any breath of such provision or as a waiver of any provision itself.
13. COOPERATION/COORDINATION
The City and its authorized representatives shall at all reasonable times be permitted free
access to every reasonable facility tbr the inspection of all work, equipment and facilities
of Contractors.
Contractors shall cooperate with authorized representatives of the City in every way in
order to facilitate the quality and progress of the work contemplated under this
Agreement. Contractors shall have at all times a competent and reliable English speaking
representative on duty authorized to receive orders and to act for Contractors in case of
their absence.
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14. COMPLAINTS AND COMPLAINT RESOLUTION
14.1 Complaints: Contractors shall prepare (in accordance with a format approved by
the City Manager or his Authorized Representative) and maintain a register of all
complaints and indicate the disposition of each complaint. Complaints shall be
identified and such record shall be available for City inspection at all times during
business hours. The form shall indicate the date and time on which the complaint
was received and the date and time on which it was resolved. All complaints shall
be addressed within a 24 hour period, except when a complaint is received after
12:00 noon on the day preceding a holiday, or on a Saturday or Sunday, in which
case the complaint shall be addressed on the next working day. Legitimacy of
challenged complaints shall be determined on the basis of a joint inspection by the
City Manager or the Authorized Representative and a representative of
Contractor(s). Disputes shall be referred to the City Manager or his Authorized
Representative, whose decision shall be final.
14.2 Dispute about Collection of Certain Items: It is recognized that disputes may arise
between the City and Contractors with regard to the collection of certain items
due to disputes over interpretation of language in this Agreement. The City
Manager or his Authorized Representative may from time to time contact
Contractors by telephone and/or facsimile to remove such items. Should
Contractors fail to remove the items within twenty-tour (24) hours from the time
of notification, the City may remove such items, and all costs incurred by the City
shall be reimbursed by Contractors. If the City determines that this Agreement
does not require Contractors to collect and remove the disputed refuse, the
Contractors shall he entitled to reimbursement.
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15. SUBCONTRACTORS/ASSIGNMENT
Subcontracting or assignment of this Agreement will not be permitted, whether in whole
or in part,without the prior written consent of the City Commission.
16. INSURANCE AND INDEMNIFICATION
16.1 Indemnification: Each Contractor hereunder agrees to indemnify and hold harmless
the City of Miami Beach, and its officers, employees and agents, from and against
any and all actions, claims, liabilities, losses, and expenses, including, but not
limited to, attorneys' fees, for personal, economic or bodily injury, wrongful death,
loss of or damage to property, at law or in equity, which may arise or be alleged to
have arisen from the negligent acts, errors, omissions or other wrongful conduct of
said Contractor, its employees, agents, sub-contractors, or any other person or entity
acting under said Contractor's control, in connection with said Contractor's
performance of work pursuant to this Agreement and, to that extent, said Contractor
shall pay all such claims and losses and shall pay all such costs and_judgments which
may issue from any lawsuit arising from such claims and Iosses, and shall pay all
costs and attorneys' fees expended hy.the City in the defense of such claims and
losses, including appeals.
Each Contractor's obligation under this Section shall not include the obligation to
indemnify the City of Miami Beach and its officers, employees and agents, from and
against any actions or claims which arise or are alleged to have arisen from negligent
acts or omissions or other wrongful conduct of the City and its officers, employees
and agents. The parties each agree to give the other party or parties prompt notice of
any claim coming to its knowledge that in any way directly or indirectly affects the
other party or parties.
19
Page 1620 of 2228
16.2 Insurance Required:
(a) Each Contractor must maintain, throughout the Term of this Agreement,
the following insurance coverage:
(I) Commercial general liability, in the amount of S I,000,000.00 per
occurrence, for bodily injury and property damage. This policy
must include coverage for contractual liability. The City of Miami
Beach Florida must be named as an additional insured on this
policy.
(2) Automobile liability, in the amount of $1,000,000.00 per
occurrence, for bodily injury and property damage, covering all
vehicles owned, leased or used by the Contractor within the limits
of the City. The City of Miami Beach, Florida, must be named as
an additional insured on this policy.
(3) Workers' compensation and employer's liability, as required under
Florida law.
(b) All companies providing insurance shall be authorized to do business in
the State of Florida and rated or better by Best's Key Rating Guide,
latest edition.
(c) No change or cancellation of this insurance shall be made without thirty
(30) days' written notice to the City's Risk Manager.
(d) It is understood and agreed that all policies of insurance provided by the
Contractor are primary coverage to any insurance or self-insurance the
City possesses that may apply to a loss resulting from the work pertbrmed
by Contractors pursuant to this Agreement.
20
Page 1621 of 2228
(e) All policies issued to cover the insurance requirements under this
subsection shall provide full coverage from the first dollar of exposure. No
deductibles will be allowed in any policies issued pursuant to this section
unless specific safeguards have been established to assure an adequate
fund for payment of deductibles by the insured and approved by the City's
Risk Manager.
(i) As evidence of the above coverage, Contractors must provide original
certificates of insurance to the City's Risk Manager, and these must be
approved by the Risk Manager prior to commencement of services herein.
Contractor must submit a new certificate evidencing continuing or
replacement coverage prior to the expiration date of the insurance policies
and must submit annually certified copies of the liability coverage herein.
(g) Any deviation from these requirements must be approved by the City's
Risk Manager. The City reserves the right to increase the kinds and
amounts of insurance coverage required if the City, in its sole discretion,
deems such increase necessary to protect the City.
17. DAMAGE TO OR DESTRUCTION OF EQUIPMENT
if any item of equipment is damaged, destroyed, or stolen by an event which is covered
by insurance, Contractors shall utilize the insurance proceeds to repair or replaces said
equipment. tithe insurance proceeds arc insufficient or the equipment has been damaged
or destroyed by an uninsured casualty, Contractors shall invest the additional funds
needed to repair or replace the equipment.
21
• Page 1622 of 2228
18. EVENTS OF DEFAULT BY CONTRACTORS
Each of the following events or conditions shall constitute an event of default by a
Contractor:
(a) Any material failure by such Contractor to perform or comply with terms
and conditions of this Agreement, if said failure continues for thirty (30)
days aflcr written notice to such Contractor demanding that such failure be
cured.
(h) Filing by or against such Contractor of a bankruptcy. receivership,
assignment for the benefit of creditors, liquidation, dissolution.
composition or reorganization petition, or other insolvency proceeding.
c) Any failure by such Contractor to perlonn. or any abandonment by such
Contractor of, the work or services set forth in this Agreement fuer a period
of seven(7)days or more, during the term of this Agreement.
d) Any finding by the City that any representations or warranties furnished
by such Contractor in this Agreement are found to he false or misleading
in any material respect when made.
e) Any breach of the Franchise Agreement.
19. REMEDIES UPON DEFAULT BY CONTRACTORS
In the event of default by a Contractor, the City may, without election of remedies:
a) Without recourse to legal process, immediately terminate the Agreement
by delivery of a Notice declaring termination (which shall become
effective upon receipt by such Contractor), whereupon such Contractor
•
shall,at its sole cost, remove all equipment;
b) Exercise all remedies available at law or at equity or other appropriate
proceedings including bringing an action or actions from time to time for
Page 1623 of 2228
recovery of amounts due and owing to the City, and/or for damages which
shall include all costs and expenses reasonably incurred in exercise of its
remedy,and/or for specific performance; and
c) Terminate such Contractor's Franchise Agreement pursuant to the
provisions for termination of same, as provided in Chapter 90 of the City
Code.
20. TERMINATION FOR CONVENIENCE BY THE CITY
THE CITY COMMISSION, IN ADDITION TO THE RIGHTS AND OPTIONS TO
TERMINATE SET FORTH IN SECTION 19 OR IN ANY OTHER PROVISION SET
FORTH IN THIS AGREEMENT, RETAINS THE RIGHT TO TERMINATE THIS
AGREEMENT, IN WHOLE OR IN PART, AT ITS SOLE' OPTION AND
DISCRETION AT ANY TIME DURING THE TERM HEREIN, FOR CONVENIENCE.
WITHOUT CAUSE, AND WITHOUT PENALTY.
Said termination fir convenience shall become-effective thirty (30) days following
receipt by Contractors of a written termination notice. Contractors herein agree that upon
termination for convenience there shall be no further liability to the City, nor shall the
City have any further responsibilities or obligations to Contractors hereunder.
21. GOVERNING LAW AND EXCLUSIVE VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the
State of Florida, both substantive and remedial, without regard to principles of conflict of
laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County. Florida, if in state court, and the U.S. District Court, Southern
District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT,
CITY AND CONTRACTORS EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY
23
Page 1624 of 2226
MAY HAVE. TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO,
OR ARISING OUT OF'Cl UIS AGREEMENT,
22. LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's maximum liability for any cause of action for money damages due to an
alleged breach by the City of this Agreement, so that its liability for any such breach
never exceeds the sum of S 10,000.00. Contractors hereby express their willingness to
enter into this Agreement with recovery from the City for any damage action for breach
of contract to be limited to a maximum amount of S 10,000.00.
Accordingly. and notwithstanding any other term or condition of this Agreement.
Contractors hereby agree that the City shall not he liable to Contractors for damages in an
amount in excess of S 10.000.00 in any action or claim for breach of contract arising; out
of the performance or non-perfommance of any obligations imposed upon the City by this
Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any
way intended to he a waiver of the limitation placed upon City's liability as set forth in
Section 7682S, Florida Statues.
23. REPRESENTA'T'IONS AND WARRANTIES OF CONTRACTORS.
Each Contractor warrants and represents to the City that:
a) It has all requisite power, authority, licenses. permits. and franchises.
corporate or otherwise. to execute and deliver this Agreement and pertorm
its obligations hereunder.
b) Its execution, delivery, and performance of this Agreement has been duly
authorized by, or is in accordance with, its organic instruments; this
Agreement has been duly executed and delivered tier it by the signatories
24
Page 1625 of 2228
•
so authorized; and this Agreement constitutes its legal, valid and binding
obligation upon each Contractor.
c) Its execution, delivery, and performance of this Agreement will not result
in a breach of violation of, or constitute a default under, any agreement,
lease or instrument to which it is a party or by which it or its properties
may be bound or affected.
d) It has not received any notice, nor to the best of its knowledge is there
pending or threatening any notice of any violation'of any applicable laws,
ordinances, regulations, rules. decrees, awards, permits or orders which
would materially or adversely affect its ability to perform hereunder.
. e) It has, or will have, under its control as of the Commencement Date, all
equipment, machinery, manpower, and as necessary, to perform under the
Agreement. •
24. COMPLIANCE WITH LAW AND STANDARD PRACTICES
Contractors shall perform their obligations hereunder in compliance with any and all
applicable Federal, State, and local Miami-Dade County and City laws, rules, and
• regulations, in accordance with sound labor and safety practices, and in compliance with
any and all rules of the City relative to the work. Contractors shall be responsible for
obtaining any and all government permits, consents, and authorizations, as may he
required, to perforin their obligations hereunder, prior to the Commencement Date.
25. TAXES,LIENS AND FEES
At all times during the term of this Agreement, Contractors shall pay, on or before the
due date, all taxes, fees, and assessments which may be levied upon them, their
equipment, or their operations, including, without limitation, any commercial personal
property taxes, sales taxes, and intangible taxes, and Contractors shall pay, on or before
Page 1626 of 2228
the due date, any other charge of any character which they may incur or which may be
imposed by any public authority as an incident to title to, ownership of, or operation of
the equipment. In the event that any lien or encumbrance of any nature relating to any
Contractor's equipment or the operation or maintenance thereof is filed upon the City,
such Contractor shall have thirty (30) days from the date written notice by City to have
such lien or encumbrance bonded off or discharged.
26. NOTICES AND CHANGES OF ADDRESSES
All "Notices" to be given by any party to another party shall be in writing and must be
either delivered or mailed by registered or certified mail, return receipt requested, to the
fallowing addresses:
To City: CITY OF MIAMI BEACH
CITY MANAGER'S OFFICE
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTENTION: MARK TAXIS
ASSISTANT CITY MANAGER
WITH A COPY TO AUTHORIZED REPRESENTATIVE:
CITY OF MIAMI BEACH
SANITATION DIVISION
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
ATTEN'T'ION: ALBERTO ZAMORA
DIVISION DIRECTOR
To Contractors: PROGRESSIVE WASTE SOLUTIONS OF FL, INC.
3840 NORTHWEST 37 COURT
MIAMI, FLORIDA 33142
ATTENTION: DAMIAN RI BAR
GENERAL MANAGER
SOUTHERN WASTE SYSTEMS, LLC
2380 COLLEGE AVENUE
DAVIE, FLORIDA 33317
ATTENrTON:TONY BADALA .
GENERAL-MANAGER
26
Page 1627 of 2228
WASTE MANAGEMENT INC. OF FLORIDA
2125 NORTHWEST 10 COURT
MIAMI, FLORIDA 33127
ATTENTION: JASON NEAL
GOVERNMENT AFFAIRS DIRECTOR
or such other addresses as a party may hereinafter designate by a Notice to the other
parties. Notices are deemed delivered or given and become effective upon mailing if
mailed as aforesaid and upon actual receipt if otherwise delivered.
• 27. NO WAIVER
The failure of Contractors or the City to insist upon the strict performance of the terms
and conditions hereof shall not constitute or he construed as a waiver or relinquishment
of either party's right to thereafter enforce the same in accordance with this Agreement in •
the event of a continuing or subsequent default on the part of Contractors or the City.
28. SEVERABILITY
In the event that any clause or provision of this Agreement or any part thereof shall be
declared invalid, void, or unenforceable by any court having jurisdiction, such invalidity
shall not affect the validity or enforceability of the remaining portions of this Agreement.
29. ASSIGNMENT
The selection of Contractors as the service providers under this Agreement is based upon
each Contractor's respective experience, capability, and financial ability to perform the
work. Contractors shall not assign, delegate or subcontract any of the rights or obligations
under this Agreement without the prior written consent of the City Commission.
30. COMPLETE AGREEMENT
This Agreement, when executed, together with all exhibits attached hereto as provided
for by this Agreement, shall constitute the entire Agreement between both parties and this
Agreement may not be amended, modified or terminated except by a writing signed by
the parties hereto. Upon execution of this Agreement, the prior Service Agreement, with
27
Page 1628 of 2228
a Commencement Date of October 1, 2008, which was authorized by Resolution No.
2009-27020, and any amendments thereto, is hereby deemed terminated and shall be of
no further force or effect, except as to those provisions under the prior Service
Agreement, which were expressly intended to survive.
31. FURTHER DOCUMENTS
The parties shall execute and deliver all documents and perform all further acts that may
he reasonably necessary to effectuate the provisions of this Agreement.
32. INDEPENDENT PARTIES
Nothing contained in this Agreement shall be deemed or constnied for arty purpose to
establish, between City and Contractors, a partnership or venture, a principal agent
relationship,or any relationship other than property owner and independent contractors.
33. TIME OF THE ESSENCE
Time is of the essence with respect to each and every term and condition of this
Agreement.
34. FLORIDA PUBLIC RECORDS LAW
Pursuant to Section 119.0701 of the Florida Statutes, if any contractor meets the
definition of"Contractor" as defined in Section 119.0701(1)(a),said Contractor shall:
(a) Keep and maintain public records that ordinarily and necessarily
would be required by the public agency in order to perform the
service;
(b) Provide the public with access to public records ou the same terms
and conditions that the public agency would provide the records and
at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law;
(c) Ensure that public records that arc exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law; and
(d) Meet all requirements for retaining public records and transfer to the
City, at no cost to the City, all public records created, received,
28
Page 1629 of 2228
maintained and/or directly related to the performance of this
Agreement that are in possession of the Contractor upon termination
of this Agreement. Upon termination of this Agreement, the
Contractor shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure
requirements. All records stored electronically must be provided to
the City in a format that is compatible with the information
technology systems of the City.
For purposes of this Article, the terns "public records" shall mean all documents, papers,
letters, maps, books, tapes, photographs. films, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection with the
transaction of official husiness of the City.
Contractor's failure to comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes shall be a breach of this Agreement.
In the event the Contractor does not comply with the public records disclosure
requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the
City's sole discretion, avail itself of the remedies set forth under this Agreement and
available at law.
THE REMAINDER OI+THIS PAGE IS INTENTIONALLY LEFT BLANK.
29
Page 1630 of 2228
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above. •
FOR CITY: CITY OF MIAMI BEACH, FLORIDA
ATTEST:
zz /°. •
By: • /••
•
filet E. ranado Philip Levine
City Clerk Mayor
. •
•
•
• -
• .•
•
APPROVED AS TO
FORM&LANGUAGE
&FOR EXECUTION
0-01/4
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(11. 71777.—'-.—"torneY Dole
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3()
Page 1631 of 2228
f
FOR CONTRACTOR: PROGRESSIVE WASTE SOLUTIONS
OF FL, INC., a Delaware corporation
authorized to conduct business in the
State of Florida
ATTEST:
By: ! : 2
400
IPP.- PAIIIIII
' t•+, '=�' verger 7,1777.r,� s, ;-•, ,. Thomas J. Fowler
•sst.Secretary Si4; 'i'',,1:) 1bLt Vice President
R
•
31
Page 1632 of 2228
FOR CONTRACTOR: SOUTHERN WASTE SYSTEMS,LLC,
a Florida limited liability company
By: Southern Waste Systems Holdings,
LP, a Florida limited partnership, its
Manager
By: Southern Waste Holdings
Management, LLC, a Delaware limited
liability company, the general partner of
Southern Waste Systems Holdings,LP
ATTEST:
By:
itness / Charles Gusmano
Manager for Southern Waste Holdings
Management,LLC
Z'o't \ CCA-SA Too c e
Print Name
V P Q - �� e\T,o,en i----
Print Title
32
Page 1633 of 2228
111111111111111111111.111.1111111111111111.11111.1.11.1.1111
•
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EXHIBIT A
ADDITIONAL PUBLIC SERVICES TO RE PROVIDED
Throughout the Tenn of the Service Agreement, Contractors shall provide the City with the
following additional services and public benefits.
1. Provide Municipal Solid Waste and Recycling Services as referenced (Municipal
Solid Waste and Recycling pick up at City owned facilities). The service provided
by each Contractor shall be determined by each Contractor's current Market
Share.
2. Pick-up and disposal of all City owned litter cans in the public right of way and
City parks. Contractors shall provide service seven (7) days a week; service is to
be provided before 11AM. (Exceptions: litter cans located on or in Lincoln Road,
Ocean Drive, Washington Ave. from 5O1 St to Lincoln Road, the beach walk, .
South Pointe Park, and Open Space Park. City crews shall service these litter
cans.) The service provided by each Contractor shall be determined by each
Contractor's current Market Share.,
3. Pick-up and disposal of all City-owned recycling cans in the public right-of-way
and City parks (services shall be provided two times per week). (Exceptions:
Recycle cans located on or in Lincoln Road, Ocean•Drive, Washington Ave. from
5th St to Lincoln Road, the beach walk, South Pointe Park, and Open Space Park.
City crews shall service these Recycle cans.) The service provided by each
Contractor shall be determined by each Contractor's current Market Share.
4. Contractors shall provide additional_support for special events by collectively, in
equal shares, providing the City with a total of fifteen (15) twenty-cubic-yard
rolloff containers (five rolloff containers per Contractor per year), and one
hundred (100) event boxes per Contractor per year. Event boxes are to be
delivered to the Sanitation Division yard. Rolloff containers to be provided will
be distributed equally amongst the Contractors;
5. On October l" of each year during the Term of the Service Agreement, the
Contractors shall collectively provide funding, in the amount of Thirty Thousand
dollars ($30,000), to the City for two (2) hazardous material pickup events per
year. These two events shall be managed by the City, at sites to be specified and
approved by the City Manager. The proportionate amount due by each Contractor
shall be determined by each Contractor's current Market Share.
6. On October 1'`t of each year during the Term of the Service Agreement,
Contractors shall collectively provide the City with an annual cash contribution,
which sum shall be equivalent to the latest and most current purchase price of
twenty five (25) of the urban style recycling containers utilized by the City. The
proportionate amount due by each Contractor shall be determined by each
Contractor's respective current Market Share. (The actual price in 2013 was
$1,200.00 per can.)
• 34
• Page 1635 of 2228
7. On October 1'4 of each year during the Term of the Service Agreement, the •
Contractors shall collectively provide funds, in the total sum of eight thousand
dollars ($8,000.00), to the City for security services for the "Wasteful Weekend"
event at each of the sites where the event is held in the City each month. The
proportionate amount due by each Contractor shall be determined by their
respective current Market Share. (The actual annual cost for 2013 was$8,000.00)
8. During the Term, each Contractor shall pay to the City one and one half percent
(1.5%)of its Gross Receipts in the City, to be used by the City to establish a fund
for implementation of sustainable initiatives in the City of Miami Beach (which
initiatives shall be as approved by the City Commission, in its sole and reasonable
discretion). This contribution will be payable and due at the time of, and in
conjunction with, Contractors' franchise fee payments to the City.
9. On October is` of each year during the Term, the Contractors shall pay to the City,
collectively, in equal shares. the sum of S75.000 ($25,000.00 per Contractor) per
year, to support educational programs in the City. The City Commission, in its
sole and reasonable discretion, shall determine the time, place, and manner of
such programs.
10. On October 151 of each year during the Term, the Contractors shall collectively
pay to the City the amount of$400,000. The proportionate amount due by each
Contractor shall be determined by each Contractor's current Market Share. These
funds will be used to offset costs incurred by the Sanitation Division's efforts to
eradicate illegal dumping.
11. On October 1'` of each year during the Term, the Contractors collectively, in
equal shares, shall pay to the City the sum of twenty five thousand dollars
($25,000) per year($8,333.34 per Contractor), to support environmental programs
in the City. The City Commission, in its sole and reasonable discretion, shall
determine the time, place,and manner of such programs.
•
35
Page 1636 of 2228
In-kind Service
Facility Location # Container i Freq Serviec
�- - - — l Description Provider
555 Bldg 555 17`h St. 12 90 gal RCT 1 timcs/wk PWS
SSS Bldg 555 17`�t _� 2 90 gal totes 5 times/wk PWS
Bass Museum 2121 Park Ave. _ ' 3 90 gal totes 7 times/wk PWS _
Bass Museum 2121 Park Ave. , _ 2 6yd can 7 times/wk PWS__
Bass Museum 2121 Park Ave. _ 2 90 gal RCT 2 times/wk PWS
Botanical Garden 2000 Convention Ctr. Dr. 1 95 gal RCT 1 time/wk PWS
CIP 777 17th St. 3 90gal RCT l timelwk _ WM
City Hall 1700 Convention Ctr. Dr. _ I • 4yd can - S times'wk PWS
City Hall 1700 Convention Ctr. Dr. I 2yd can I times/wk WM ___
City Hall 1700 Convention Ctr. Dr. 10 .5 gal RCT 2 times/wk WM
Fire Station #1 1051 Jefferson Ave. 4 95 gal totes MWF I'WS
Fire Station#1 1051 Jefferson Ave. _1 _ 90 gal RCT l timc/wk PWS
Fire Station#2 2300 Pine Tree Dr. 2 90 gal RCT- _ I time/wk I'WS
Fire Station#2 2300 Pine Tree Dr. 1 4yd RCT _ f timc'wk WM
Fire Station#2 2300 Pine Tree Dr. 1 4yd can 1 time/wk WM
Fire Station #2 2300 Pine Tree Dr. 5 95 gal totes MWF PWS
Fire Station#3 5303 Collins Ave. 4 95 gal totes MWF_ PWS
Fire Station #3 5303 Collins Ave. Recycling TBD_- +— _ �
Fire Station #3 ~ 5303 Collins Ave. 1 90 gal totes l time'wk PWS T
_Fire Station#4 6860 Indian Creek Dr. 2 95 gal totes MWF _ PWS
Fire Station#4 — 6860 Indian Creek Dr. Recycling TBD __
Flamingo Park-— 999 II 1 St.--- -_----� Recycling _ TBD WM
Garden Ctr. Conserv 2000 Convention Ctr. Dr. 1 lyd can 5 times/wk PWS
Green Waste Facility -2800 Meridian Ave. �1 20yd rolloff 6 times/wk PWS
Green Waste Facility 2800 Meridian Ave. 2 20yd rolloff 3 times/wk PWS
~Log Cabin __,� 8128 Collins Ave. 1 2yd can 5 titnes'wk WM
MB Golf Course 2301 Alton Rd. I 6yd can 7 timcs/wk WM _.
MB Golf Course 2301 Alton Rd. 4 90gal RCT _ 2 timcs/wk PWS
MB Ocean Rescue _7940 Collins Ave. 4 95 gal totes MWF PWS
' MPMP Garage Struct Back of City Hall_ _—_ -1 . 90 gal 1 timcewk PWS
N. Shore Open Space 7�3" & Collins Ave. (350 I 1 2yd can - 6 times&wk WM
Park 73'd St.
N. Shore Tennis Ctr. 73'x& Harding Ave. ! d can 6 times/wk WM
N. Shore Tennis Ctr. 73"'St. & l lardinjAvc_ 4 90 gal totes 5 timesrwk PWS _ _j
N. Shore Tennis Ctr. 73'a St. & l IardinEAve Recycling TBD WM _
OLwn_Space _ 79`h St&Collins Ave _ 2 6yd can _ 7_timcs'wk WM
Normandy Shore 2401 BiarritzDr. I 20yd rolloff 3 times'wk WM
Golf
_Ocean& 10`t'St. 10'-'Ocean Dr. Hard pack I 30yd rolloff 7 times'wk PWS
Oki City Hall 1 130 Washington Ave. 2 90 gal RCT I time%wk WM _
—d- times/wk WM()Id City Hall 1 130 Washington Ave.AvcBags ..._ _
PAL 999 l l St. _ Recycling TBD —_
1 Parking Dept 1833-37 Ray Rd. 1 20yd rolloll' On Call PWS
I Parking Garage_ 7"'St. &Collins Ave. 4 90gal totes 7 tintes1wk PWS
36
Page 1637 of 2228 .
Parking Garage • 117'h St. & Penn Ave (640 1 18yd can ' 7 times/wk WM 1
_ 1 17th St.)__ __
Parks Division 12100 Meridian Ave. , I 6yd can i 5 times/wk WM
Parks Division 2100 Meridian Ave. 1 30yd rolloff 1 31 times/wk PWS 1
2151St. Rec. Ctr. 2100 Washington Ave. ; 2 90gal RCT ; l time/wk PWS j
21"St.Rec. Ctr. __ 2100 Washington Ave. 4 90_ga1 totes i 5 times/wk PWS
Police Station 1100 Washington Ave. 7 .5 totes 17 times/wk ' WSI
Police Station i 1100 Washington Ave. 4 1 .5 gal RCT 2 times/wk PWS
Police Station ' 7030 Trouville Esplanade l 2yd can _ t 3 times/wk PWS
PD N. Sub-Station 6840 Indian Creek Dr. I 195_gal RCT t l timelwk } PWS
PD N. Sub-Station 6840 Indian Creek Dr. ,_l _ 2yd can 4 times/wk WM J
Property Mgmt i 1245 Michigan Ave. 1 2yd can 5 times/wk WM
Property Mgmt 1245-55 Michigan Ave. 1 4yd can 5 times/wk WM
Property Mgmt _ 1245 Michi±r.n Ave. 1 20yd rolloff On Call PWS
Property Mgmt 1245 Michigan Ave. 2 .5 gat RCT 2 times/wk WSl
Public Works Yard 451 Dade Blvd 1 _, 4yd can 5 times/wk WM
` 1 time/wk
Public Works Yard 451 Dade Blvd 1 30yd rolloff & on call WM
as needed
Public Works Yard 451 Dade Blvd ` Recycling TBD
Yard 140 MacArthur Causewayt 20yd rolloff 3 times/wk PWS
Sanitation _-
Sanitation Yard 140 MacArthur Causeway 1 I ' 4yd can ,5 times/wk PWS
Sanitation Yard 140 MacArthur Causeway i 4 90 gal RCT 1 time/wk PWS :
S. Shore Comm Ctr. 833 6th St. 7 1 4yd can MWFS WM
.... _
Stash Site 7986 Collins Ave. I 6yd can 7 titncs/wk WM ;
Wasteful Weekend 75`t'St.-&Dickens Ave. 1 20yd rolloff 1 me WM
Wasteful Weekend 6th St. & Meridian Ave. i 2 20yd rolloff 1 mo PWS
Youth Ctr.N. Shore ` 2700 Sheridan Ave. ` I 4yd can 5 times/wk WM
Youth Ctr.N. Shore 2700 Sheridan Ave. _ ' 6 90 gal RCT 2 timcsiiwk WM
ECOMB 201 2nd St. _ 2 . 90gal RCT Monday WM
Flamin o Tennis Ctr 1245 Michigan Ave. 2 90gal RCT Monday WM
1755 Meridian Ave_ 1755 Meridian Ave. _ 1 1 4yd can _ 5 timcs/wk PWS
1755 Meridian Ave. 1755 Meridian Ave. 14 90gal RCT __2 times/wk WM
Litter Can Routes City Wide
r- Area Direction # -1—Container I Freq Service
Description ': Provider
North Beach 63.'Street to City Limits_ 196 i Litter Cans 17 timcs/wk PWS
I Mid Beach Dade Blvd to 63"'St. 218 1 Litter Cans 1 7 times/wk PWS
South Beach S.Point to Dade Blvd. 521 Litter Cans ? 7 times/wk WM 1
Service Providers: PWS-Progressive Waste Solutions
SWS-Southern Waste Systems
WM--Waste Management
RCT — Recycling Totes
37
Page 1638 of 2228
EXHIBIT
1V AMIBE �.
City of Miami Beach, 1700 Conwem,an Cen+er Cnve "".lar 5s�c^-, :loran 23I 39, vo,vw.nlom,ceocF+F;qov
YJeUC WORKS Sonilo'crt Divis on
"el. 305.673.7615, Fay 305-673-7627
PERMIT APPLICATION FOR PRIVATE GARBAGE & RECYCLING COLLECTION
DATE
LOCATION : OCCUPATIONAL LICENSE
NAME OF BUILDING:
TYPE OF BUILDING:APTS. _ # ! HOTEL #OF ROOMS_
COMMERCIAL: SQ.FT / RESTAURANT #OF CHAIRS
OWNERJAGENTIMANAGER: PHONE _
ADDRESS:
CONTRACTOR: LICENSE#RL
ADDRESS: _ PHONE
GARBAGE SERVICE: C.YDS. EXACT LOCATION:
TIMES PER WEEK./DAYS OF WEEK
S M T W TH F SA
RECYCLING SERVICE: _ .C.YDS. EXACT LOCATION:
_TIMES PER WEEK.! DAYS OF WEEK
S M T W TH F SA
TERMS AND CONDITIONS FOR PRIVATE GARBAGE COLLECTION
PER CHAPTER 90 OF THE CODE OF THE CITY OF MIAMI BEACH
A permit for Private Garbage & Recycling Collections will be issued after the provisions of Chapter
90 of the Code of the City of Miami Beach, Dade County, Florida have been complied and after
verification of no outstanding debts with the Billing Division of the City of Miami Beach, Florida.
The City of Miami Beach reserves the right to continue the Billing for Waste Service until the
permit is issued.
Dumpster(s)shall be placed and kept on the location approved by the office of the Sanitation
Director who will forward to the applicants, all the information regarding this application.
The Contractor shall not deliver and place dumpster(s) for service prior to the issuance of such
permit per Section 90-193 of the Code of the City of Miami Beach, Florida.
Any change in the container's location or service requires the submission of a new Private
Garbage or Recycling Permit Application.
NOTE: Persons or firms who violate the above provisions shall be subject to penalties and may
be fined.
WE HEREBY AGREE to alt the above terms under this application.
APPLICANT HAULER
PRINT NAME PRINT NAME
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